
Glass ^ Ly 



BooL 



THE 



School Law of Illinois 



WITH ANNOTATIONS 



Compiled by 
J. C. THOMPSON, 

Assistant Superintendent. 



JTHADEslj 'ytgr tCOUNc'lV.^ 



SPRINGFIELD: 

Illinois State Journal Co., State Printers 

1906 



3 



THE 



School Law of Illinois 



"WITH ANNOTATIONS 



Compiled by 

J. C. THOMPSON, 

Assistant Superintendent. 



SPRINGFIELD: 

Illinois State Journal Co., State Printers 

1906 



L~_B 



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'■^ ■'^'^^l^-fw 



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•16 190^ 



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TABLE OF CONTENTS. 



Page. 

Constitutional provisions 1 

ARTICLE I. 

, Superintendent of Public Instruction. 
Section— 

1 Election and term of office 13 

2 Oath— bond 13 

3 Salary— contingent expenses 13 

4 Duties 14 

5 Powers 15 

6 Liability 16 

ARTICLE II. 
County Superintendent. 

1 Election— term of office 17 

2 Oath— bond 17 

3 Form of bond 17 

4 Liability on bond 17 

5 New bond 17 

6 Office— supplies 18 

7 Repealed 18 

8 Vacancies 18 

9 Time of service may be limited 18 

10 Assistants 18 

11 Compensation 19 

12 Shall itemize accounts 20 

13 Duties 20 

14 Powers 22 

15 Books to be kept 22 

16 Report to county board 22 

17 Report to Superintendent of Public Instruction 28 

18 Preparation of trustees' report 23 

19 Approval of treasurer's bond 23 

20 Apportionment of funds 24 

21 May lend county funds 24 

22 Appeal 25 

23 Delivery to successor 25 

ARTICLE III. 
Trustees of Schools. 

1 School township 25 

2 Fractional township 26 

3 Trustees of schools 26 

4 A body politic 26 



IV 

Table of Contents — Continued. 

Section- Page. 

5 Election 28 

6 TermofoflBce 28 

7 Qualification 28 

8 Notice of election 28 

9 Election in certain cases 29 

10 First meeting 29 

11 Judges of election 29 

12 Voter's qualification 29 

13 Election, how conducted 29 

4 Election may be postponed 80 

15 Superintendent to order election, when 30 

16 Vacancies 30 

17 Tie vote 30 

18 Pollingplace 30 

19 Election in certain townships 31 

20 Pollbook 31 

21 County clerk to furnish list 32 

22 Organization 32 

23 Term of oflBce, president and treasurer 32 

24 Record of meetings 32 

25 Semi-nnnual meetings— quorum 32 

26 Distribution of funds 33 

27 Funds credited to districts 33 

28 Report to county superintendent 33 

29 Separate enumeration 34 

30 Examination of treasurer's books 34 

31 Gifts, grants and donations 35 

32 Sale of school house 36 

33 Conveyance of real estate 37 

34 Treasurer custodian of funds 37 

35 May purchase real estate, when 38 

36 Power to make settlements 38 

37 Power to sell or lease lands 38 

38 Township high school 38 

39 Ballots for high school election 41 

40 Election for board of education 41 

41 Powers of board of education 43 

42 Two or more townships or districts may join 43 

43 Discontinuance of high school 44 

44 Canvass of ballots 45 

45 Liability of trustees 45 

46 Districts in newly organized townships 45 

47 Changes in district boundaries 46 

48 Petitions 47 

49 Change of boundaries in certain districts — 43 

50 Filing of petition ..'. 49 

51 Concurrent action of boards of trustees 49 

52 Board of trustees may adjourn 50 

53 Consideration of petition 51 

54 Appeal to county superintendent 51 

55 Clerk to transmit record 52 

56 Appeals in certain cases 52 

57 Filing map and hst of tax payers 53 

58 District with bonded debt 54 

59 Election in new district 54 

60 How conducted 54 

61 Organization 65 

62 Election in certain cases 55 

63 Distribution of funds 55 

64 Appraisement of property 56 

65 Liability of trustees 56 



Table of Contents — Continued- 



section- Page. 

66 Liability of clerk 57 

67 Failure of district to maintain school 57 

68 Dissolution of union district 57 

69 Successors to trustees of schools 5' 

ARTICLE IV. 
Township Treasurer. 

1 Bond— duties • 58 

2 Treasurer's account 60 

3 Terms of loans 61 

4 Securities payable to board of trustees 63 

5 Treasurer may lend surplus fund 63 

6 Statement of township funds 63 

7 Form of mortgage 63 

8 Insurance 64 

9 Additional security 64 

10 Class of claim 65 

11 Penalty 65 

12 Manner of bringing suits 65 

13 Custodian of funds 66 

14 Semi-annual statement 66 

15 Annual exhibit 66 

16 Statement of district accounts 66 

17 Penalty 67 

18 Orders draw interest, when 67 

19 Additional duties 67 

20 Liability 68 

21 Delivery to successor 68 

22 Compensation 69 

ARTICLE V. 

School Directors. 

1 Board of three members 69 

2 A corporation 69 

3 Eligibility 73 

4 Vacancy 73 

5 Election— term of office 73 

6 Election in new districts 73 

7 Vacancies 73 

8 Notice of election 73 

9 Election in certain cases 73 

10 Judges of election 73 

11 Tie vote 74 

12 Poll-book 75 

13 Poll-book in union district 75 

14 Failure to return— penalty 75 

15 Organization 75 

16 Quorum 75 

17 Records 75 

18 Meetings , 76 

19 Official business 76 

20 President or clerk pro tempore 76 

21 Report of organization 77 

22 Report to treasurer 77 

23 Not to be interested in contracts 77 

24 Not to be interested in sale of books 77 

25 Penalty 77 



TI 



Table of Contents — Continued. 



Section— Page. 

26 Duty of board of directors 77 

27 Additional powers of directors 86 

28 Order on treasurer 86 

29 Order in anticipation of taxes 86 

30 Liability of directors 87 

31 School house site 87 

32 Compensation for site 88 

33 Removal 89 

34 Funds— how paid— form of order 89 

55 Transfer of pupils 89 

36 Tuition 89 

ARTICLE VI. 
Board of Education. 

1 Cities and villages 90 

2 Board of education 90 

3 President 90 

4 Duties of president 91 

5 Election 91 

6 Notice of election 91 

7 Failure to give notice 92 

8 Election— how conducted 92 

9 First election— to succeed directors 92 

10 Powers of board of education 92 

11 Yeas and nays 95 

12 Powers exercised only at meetings 95 

13 Conveyances 95 

14 School fund subject to order of board 95 

15 Special charter may be abrogated 96 

16 Organization under general law 96 

17 Board in cities of 100,000 inhabitants 97 

18 Eligibility ,^ 99 

19 Organization 99 

20 Records 100 

21 Powers with concurrence of council 100 

22 Powers of board 102 

23 Duty of board 102 

24 Powers exercised only at regular meetings 103 

25 Conveyances 103 

26 Moneys held by city treasurer 103 

27 Limit as to expenditure 104 

28 Powers of board— city council 104 

ARTICLE VII. 
Teachers— Certificates. 

1 Qualifications 104 

2 State certificates 104 

3 County certificates 104 

4 Record of teachers 107 

5 Compensation 107 

6 What branches taught 107 

7 Examinations 108 

8 Fee 108 

9 Transmitted monthly to treasurer 108 

10 Annual institute 108 

11 Time attending institute 109 

12 Care of property 109 

13 Register 109 



VII 

Table of Contents — Continued. 

Section- Page. 

14 Schedules 110 

15 Directors to examine HI 

16 Wages payable monthly HI 

n School month— holiday Ill 

ARTICLE VIII. 
Revenue— Taxation. 

1 May levy tax annually 112 

2 Certificate of tax 115 

3 Return of certificate 120 

4 Tax levy 120 

5 County Clerk to compute tax 121 

6 Assessment of personal property 121 

7 Taxes to be uniform i 121 

8 Certificate of amount due 122 

9 Collector to pay tax to treasurer 122 

10 When district in two townships 123 

11 Failure to pay— penalty 123 

12 Blank books— notices 124 

13 Failure to file certificate 124 

ARTICLE IX. 
Bonds. 

1 Vote necessary 124 

2 Registration 126 

3 Money covered into treasury 126 

4 Election— form of notice 127 

5 Judges— clerks— ballots 128 

6 Poll book— return— penalty 129 

7 Refunding 128 

ARTICLE X. 

County Clerk. 

1 Clerk to furnish list of trustees 130 

2 District boundary changes 130 

3 District in two or more counties 130 

4 Clerk to furnish value of taxable property 130 

5 Clerk to compute tax 130 

6 Clerk to transmit bills to Auditor 131 

7 Clerk to record land sales 132 

ARTICLE XI. 
County Board. 

1 Power of county board 132 

2 Duty of county board 133 

3 Statement of land sales 133 

ARTICLE XII. 
School Fund. 

1 Common school fund 134 

2 State to pay interest 134 

3 Apportionment of fund 134 

4 Warrants 134 

5 Suit against defaulting collector 135 



VIII 



Table of Contents — Continued. 



Section- Page. 

6 Township fund 135 

7 Sciiool funds— iiow paid 135 

8 Orders 136 

9 Union districts 137 

10 Funds in special districts 137 

ARTICLE XIII. 
School Lands. 

1 Section sixteen 137 

2 Townsiiip business— where transacted 138 

3 Trustees may rent land 138 

4 Right of way depot grounds 138 

5 Trespass on school lands 138 

6 Trespasser liliely to indictment 139 

7 Penalties— to whom paid 139 

8 Petition for sale 140 

9 Fractional township 140 

10 Division 140 

11 Plat 140 

12 Size of lots— roads and streets 141 

13 Valuation 141 

14 Advertisement 141 

15 Placeofsale 142 

16 Terms of sale 142 

17 Sale 142 

18 Closing sales— payment 142 

19 Unsold lands— private sales 143 

20 New valuation of unsold lands 143 

21 Certificate of purchase— entry 143 

22 Annual statement of sales 143 

23 Transcript sent to Auditor 143 

24 Patent for school lands 144 

25 Certificate of purchase 144 

26 Real estate taken for debt 145 

27 Dedication for streets 145 

ARTICLE XIV. 
Fines and Forfeitures. 

1 Tobepaidto superintendent 146 

2 Collection of 146 

3 Enforced collection of 146 

4 Report of fines— duty of court 146 

5 Penalty for failure to remit fines collected 147 

6 Penalty for failure to make report 147 

ARTICLE XV. 
Liability of School Officers. 

1 Of trustees— insufficient security 148 

2 Of judges— failure to deliver poll book 148 

3 Of directors— failure to deliver schedules 148 

4 Of treasurer— failure to perform duty 148 

5 Of bondsmen— delivery to successor 149 

6 Conversion of funds— penalty 149 

7 Of trustees— sureties of treasurer 149 

8 Real estate of school officers 149 

9 Of trustees— failure to make returns of children 150 



IX 

Table of Contents — Continued. 

Section— Page. 

10 Failure to furnish statistics— penalty 150 

11 School ofBcers responsible for loss of funds 151 

12 Appropriation for sectarian purpose 151 

13 Not to be interested In sale of books 152 

1 4 Excluding colored children— penalty 152 

ARTICLE XVI. 
Miscellaneous. 

1 Costs— when not charged 152 

2 Women eligible to hold ofiBce 153 

3 Bond 153 

4 Exclusion for color— penalty 153 

5 Exclusion of children— penalty 154 

6 Payment of funds to township treasurers 154 

7 Construction 154 

8 Report of institutions 155 

9 Judgments — how enforced 155 

10 Compensation— exemptions 157 

11 Term of officers 157 

12 Former acts repealed 157 

13 Emergency 159 

SPECIAL CHARTERS. 

Alton School District 160 

Ashmore School District 162 

Bloomington School District 167 

Canton Union School District 174 

Carlinville School District 178 

Charleston Union School District ; 178 

Cordova School District 184 

Decatur School District , 188 

Galena School District ; 195 

Galesburg School District 197 

Hey worth School District 202 

Jacksonville School District 204 

Joliet School District 209 

Kankakee School District 202 

Kickapoo Union School District 218 

Lacon Union School District 223 

LaHarpe School District 228 

Lake Forest School District 229 

Litchfield School District 231 

Macomb School District 234 

Normal School District , 237 

Paris Union School District 241 

Pekin School District 247 

Peoria School District 254 

Polo School District 2C0 

Princeton High School District 266 

Rockford School District 272 

Rock Island School District 272 

Rushville Union School District 280 

Shelby ville Union School District 288 

Sparta School District 293 

Springfield School District 298 

Tuscola Union School District 303 

Upper Alton School District 310 

Warsaw School District 314 

Waukegan School District 321 

Wilmington School District 323 



Table of Contents — Concluded. 

SUPPLEMENTAL ACTS. 

Page. 

Board of education appointed 32(3 

Board of education elected 328 

Board of education elected in certain cases 330 

Board of education elected in certain districts 331 

Bonds 331 

Existing indebtedness 333 

Government of schools in annexed territory 333 

ADDITIONAL ACTS. 

Arbor day 335 

Bird day 335 

Classes for crippled children 335 

Classes for deaf children 336 

Child labor 337 

Compensation of judges and clerks 343 

Employes pension fund 344 

Fees and salaries 348 

Flags 349 

High school districts 350 

Kindergarten schools 353 

Manual training in high schools 354 

Numbering school districts 355 

Parental schools 356 

Physiology and hygiene 358 

School attendance 359 

State teachers' association 361 

Teachers' pension fund 361 

Woman suffrage 363 

APPENDIX. 

University of Illinois 365 

University scholarships 365 

Normal University 367 

Southern Illinois Normal University 369 

Northern Illinois State Normal School 372 

Eastern Illinois State Normal School 375 

Western Illinois State Normal School 378 

Normal scholarships 381 

County normal schools 382 

CALENDAR. 

Calendar 384 



CONSTITUTIONAL PROVISIONS. 



Aetici-e VIII. 

EDUCATION. 

Section 1. The General Assembly shall provide a thorough and 
efficient system of free schools, whereby all children of this State 
may receive a good common school education. 

1. The free schools of the State are public institutions, and in their man- 
agement and control, the la'w contemplates that they should be so managed 
and controlled, that all children within the district, between the ages of 6 
and 21 years, regardless of age or color, shall have equal and the same right 
to participate in the benefits to be derived therefrom. Chase v. Stephenson, 
71-383. 

2. This provision of the Constitution was doubtless intended as a limitation 
upon the power of the Legislature to provide for the maintenance of free 
schools by local taxation of a different character from that named in the sec- 
tion. In other words, under this section of the Constitution the Legislature 
has the power to enact laws under which a thorough and efficient sj'^stem of 
free schools may be established and maintained by local taxation, in which 
all the children of the State may receive a good common school education. 
Richards v. Raymond, 92-612. 

8. No definition of a common school is given or specified in the Constitu- 
tion, nor does that instrument declare what course of studies shall constitute 
a common school education. The phrase a common school education is one 
not easily defined. One might say that a student instructed in reading, writ- 
ing, geography, grammar and arithmetic had received a common school edu- 
cation, while another w^ho had more enlarged notions on the subject uiight 
insist that history, natural philosophy and algebra should be included. It 
would be almost impossible to find two persons who would in all respects 
agree in regard to what constituted a common school education. Ibid. 

4. At the time of the adoption of the Constitution there was a wide differ- 
ence of opinion in different parts of the State as to what constitutes a com- 
mon school education. A constitution which would have impaired, in any 
degree, the free high school system in existence w^ould not have received the 
approval of the voters of the State. While the Constitution has not defined 
what a good common school education is, and has failed to prescribe a limit, 
it is no part of the duty of the courts to declare by judicial construction, 
vphat particular branches of study shall constitute a common school educa- 
tion. This is a proper question for the determination of the Legislature. 
Ibid. 

5. This section of the Constitution is mandatory, and, at the same time, it 
is a limitation upon the power of the General Assembly. So far as it makes 
it the duty of the Legislature to establish a thorough and efficient system of 
free schools, it is mandatory. But the latter clause of the section is a limita- 
tion upon the power of the Legislature as to the character of education to be 
afforded by the system of free schools to be established and maintained. 
Powell V. Board of Education, 97-375. 

6. In pursuance of this provision of the Constitution, which makes no dis- 
tinction in regard to the race or color of the children of the State who are 



2 

entitled to share in the benefits to be derived from our public schools, the 
Legislature has passed an act to establish and maintain a system of free schools. 
This act provides that each district shall establish and keep in operation, for 
at least six months in the year, and long-er if practicable, a suiScient number 
of free schools for the proper accommodation of all children in the district, 
and shall secure to all such children the right and opportunity to an equal 
education. This shows the clear intent of the Legislature to make all children, 
regardless of race or color, between the ages of 6 and 21 years, beneficiaries, 
and entitled to the same rights and privileges in our free schools. People v. 
Board of EdxicaUon, 101-308. 

7. Section 1, article 8 of the Constitution makes it the duty of the General 
Assembly to provide a system of free schools, but leaves to the Legislature 
the discretion as to the mode in which the system shall be organized, and the 
officers by whom it shall be controlled and directed, and its affairs adminis- 
tered. The only school officers expressly provided for by the Constitution are 
a county superintendent of schools in each county, and a superintendent of 
public instruction. Plummer v. Yost, 144-68. 

8. The General Assembly, in view of this declared policy of the Constitu- 
tion, deemed it expedient, in the distribution of the powers of the State 
government, to provide for the creation of boards of education, and to delegate 
to such boards the necessary power and charge them with the duty to carry 
the constitutional mandate into execiition. Kinnare v. City of Chicago, 171-332. 

9. The foregoing section is not self-executing, and the Legislature must, 
either by general or specific grant, give the power to a board of education to 
purchase with public school funds, text books for the use of all scholars, 
before it can be held that a board of education has such power. Harris v. 
Kill, 108A-305. 

10. Pursuant to this provision of the Constitution, the State Legislature 
enacted the school law of 1889. By this act school districts were divided ac- 
cording to population into three classes — those having a population of fewer 
than 1,000 inhabitants, those having a population of not fewer than 1,000 and 
not more than 100,000 inhabitants, and those having a population exceeding 
100,000 inhabitants. IMd. 

11. The general school law of 1889 provides for the organization of schoo- 
districts and the maintenance therein of free schools in which the children of 
the State may receive a good common school education. Under that act any 
school district can maintain different departments and grade and classify the 
scholars so as to promote the efficiency of the school. It may maintain and 
establish grades and divisions for instruction of advanced scholars in the same 
higher branches that are taught in high schools. Russell v. High School 
Board of Education, 212-327. 

12. Section 1, article 8 of the Constitution declares, that the General As- 
sembly shall provide a thorough and efficient system of free schools, whereby 
all children of this State may receive a good school education. That section 
is both a mandate to the Legislature and a limitation upon its power to es- 
tablish schools except for the purpose of a good common school education. 
But a high school for the education of the more advanced pupils is a school 
of the character required by the Constitution. Any school district may estab- 
lish and maintain a high school department. Ibid. 

13. Section 1, article 8 of the Constitution directs that the General Assembly 
shall provide a thorough and efficient system of free schools, w^hereby all 
children in this State may receive a good common school education. There is 
no limitation in that or any other article as to the agencies the State shall 
adopt in providing this system. There is, it is true, a limitation as to the 
amount of indebtedness a school district may contract, but there is no attempt 
to limit the Legislature in providing for the formation of school districts, nor 
in prescribing who shall or who shall not be empowered with the levy, col- 
lection and custody of school taxes. The General Assembly may, therefore, 
act, in these respects, at its discretion, and prescribe such mode for the for- 
mation of school districts, and designate such persons for the levying, collect- 
ing and having the custody of school taxes, as it, alone, shall consider most 
conducive to the public interests. Speight v. The People, 87-595. 



§ 2. All lands, moneys, or other property, donated, granted or re- 
ceived for school, college, seminary or university purposes, and the 
proceeds thereof, shall be faithfully applied to the objects for which 
such gifts or grants were made. 

1. By the compact between the United States and the State of Illinois, upon 
the admission of the latter into the Union, it is agreed, among- other things, 
that section sixteen in every township shall be granted to the State for the 
use of the inhabitants of such township, for the use of schools; and that three- 
fifths of the net proceeds of the sales of public lands lying within the same, 
shall be appropriated by the Legislature of the State, for the encouragement 
of learning, of which one-sixth shall be exclusively bestowed on a college or 
university. Bush v. Shipman, 4-186. 

2. The grant of the sixteenth section is made directly to the State, for the 
use of the inhabitants of the township, for the use of schools. It is indeed a 
sacred trust, and the State, as trustee, should, by proper legislation, see that 
it is faithfully executed. ***** The Legislature may, from time to 
time, direct in what manner the school funds shall be loaned, upon what se- 
curity, at what rate of interest, in what currency they shall be received, and 
by whom they shall be applied. Ibid. 

3. The insertion of the w^ords, in the grant from the United States to the 
State of Illinois, that the lands granted were to be applied to the use of 
schools, does not make the general government the donor for thai purpose, 
or give that government any right whatever to control the lands thus vested 
in the State. The State purchased the lands for a valuable consideration, for 
a certain purpose, and it now rests with the State to determine in what man- 
ner the lands can be best applied to the objects and purposes for which they 
were bought. Good faith will always require the State to apply the said 
lands to the purposes of education. Bradley v. Case, 4-585. 

4. By an act of Congress, approved March 30, 1833, the State of Illinois 
was authorized to survey and mark through the public lands of the United 
States, the route of the canal connecting the Illinois river with the southern 
bend of Lake Michigan, and ninety feet on either side of said canal was for- 
ever reserved from any sale to be made by the United States, and vested in 
the State of Illinois for a canal. But the application of this act does not re- 
late to the sixteenth sections. These sections were not public lands at the 
time of the passage of this act, but had been granted to the State of Illinois 
for the use of schools pursuant to the congressional ordinance of April 18, 
1818, and the ordinance adopted by the constitutional convention August 26, 
1818, accepting the propositions of Congress. Canal trustees v. Haven, 10-548. 

5. It is provided, by the ordinance of the 18th of April, 1818, that section 
sixteen in every township shall be granted to the State, for the use of the 
inhabitants of such township, for the use of schools. But where a franchise 
to keep a ferry on the sixteenth section has been granted to the trustees of 
schools, it is competent for the Legislature to revoke it. A franchise is not 
an incident to the ownership of land. Franchises are creatures of the sov- 
ereign power, which it may grant or refuse at pleasure. A grant of this char- 
acter to a public corporation may, at any time, be resumed by the State. 
Trustees of Schools v. Tatman, 13-37. 

6. Such donations are made to the State for a specific use. The title to 
such funds is vested in the State as completely as if the use was not declared 
in the law making the grants and the administration of such funds is left to 
the State. The State has complete control over them, to administer them as 
it pleases, in promotion of the objects of the grant. No sovereign state would 
accept a grant on any other terms. Neither Congress nor any court has ever 
undertaken to interfere with a state government in the administration of the 
school funds, arising from congressional grants. The public faith of the 
State has ever been, and will ever be, a sure guarantee that these funds will 
be administered in good faith, and in the most beneficial manner. Oreenleaf 
V. Township Trustees, 23-236. 

7. This provision includes the lands and money embraced in the common 
school fund, also the college, seminary and university lands and funds in the 



hands of or under the control of the State. This constitutional provision 
amply provides for the preservation of said fund, and clearly prohibits the 
perversion of it for other purposes. Under it, the Legislature has no consti- 
tutional power to appropriate any portion of this fund to defray the expenses 
of the State, counties or other municipal bodies, than those created for school 
purposes; neither can the same end be accomplished by the indirect means of 
taxation; because, so much as would be taken from the fund by taxation, 
would be an unconstitutional perversion of the fund to that extent. It fol- 
lows then, that this property being- a part of the public school fund, it can- 
not be subject to taxation. City of Chicago v. The People, 80-384. 

8. In districts having a population exceeding 100,000 inhabitants, the law 
vests the title to section 16 in the city, to be held in trust for school purposes. 
It is not held by the city for general municipal purposes. It is held for edu- 
cational purposes and it cannot be used for opening or repairing streets. To 
appropriate this property for the use of the public, w^ould be a perversion of 
the fund, and would, in violation of the statute, impair the principal of the 
fund. In a proceeding to lay out and open a street over such property, it is 
proper and right to assess damages for the property so taken. Fagan v. City 
of Chicago, 84-236. 

9. Where a school township is divided, leaving the sixteenth section wholly 
in one division, such division grants the sixteenth section to that portion of 
the township, together with the rents, issues and profits derived therefrom, to 
be administered by the trustees of schools of that township for their ovpn uses 
and purposes. This fund could not be administered in any other efficient 
and profitable manner; there would be a clashing of jurisdiction and inter- 
ests, resulting injuriously to the schools. There is a natural equity, when a 
township is divided, that the old township should retain all its property, real 
and personal, unless a different disposition has been made by the terms of 
the division; and the law is to this effect. People v. Trustees of Schools, 86-613. 

10. The provisions of section 2, article 8 of the Constitution, designed to se- 
cure the faithful application of school lands, moneys or other propei'ty granted 
or donated to school, college, seminary or university purposes, does not- 
exempt private donations to educational institution from assessment of benefits, 
for local improvements. That provision was, no doubt, intended to secure 
the public school fund of the State, from whatever sources derived, and not 
mere private donations to educational institutions, or to private corporations 
created for educational purposes. University of Chicago v. The People, 118-565. 

11. Sections 16 in the several townships were granted by the general govern- 
ment to the State of Illinois, for the benefit of the inhabitants of such tov/n- 
ships, for the use of schools. The enabling act of Congress, approved April 
18, 1818, granting to the State of Illinois section 16 of the public lands, and 
the ordinance of the Constitutional convention of Aug. 26, ]818, accepting the 
propositions of Congress, constituted a solemn compact whereby the State of 
Illinois became the purchaser of the school sections, for a valuable considera- 
tion, with full power to sell or lease the same for the use of schools, as the 
State might provide and think most beneficial to the inhabitants of the 
respective townships. Trustees of Schools v. Schroll, 120-509. 

12. Sections 16 in the several townships, having been granted and accepted, 
were not public lands within the act of Congress, approved March 30, 1822, 
authorizing the State of Illinois to survey and mark through the public lands- 
of the United States, the route of the canal connecting the Illinois river with 
the southern bend of Lake Michigan, and for like reason, they were not 
swamp and overflowed lands, made unfit thereby for cultivation. After the 
grant in 1818, they ceased to be public lands of the United States, nor could 
they, after that time, be regarded as unsold lands, and were unaffected by 
the swamp land act of Congress of Sept. 28, 1850. Ibid. 

13. The guaranty of the Constitution is that all lands, moneys, or other 
property, donated, granted or received for school, college, seminary or uni- 
versity purposes, and the proceeds thereof, shall be faithfully applied to the 
objects for which such gifts or grants were made. The grant of the sixteenth 
section to the State is for the use of the inhabitants of the townships for the 
use of schools. It would be difficult to point out anything in either of these 



provisions preventing the control of schools in one tovv^nshig being taken 
irom a board in that township and vested in a board in another township. 
Cravener v. Board of Education, 133-145. 



PERMANENT SCHOOL FUNDS. 



14. Statement of the permanent school funds, the income alone of which, 
may be expended for school purposes. 



School Fund proper, being three per centum of the net proceeds of sales of 
public lands in this State, one-sixth part excepted 

Surplus Revenue, being a portion of the money received by the State pursuant 
to an act of Congress providing for the distribution of the surplus revenue of 
the United States, and made a part of the common school fund by an act 
approved March 4. 1837 

Uni\-ersity Fund, being amount charged to the State by an act of the General 
Assemblj% approved June 11, 1897, including $18, i40. 00 derived from sale of 
lands 

College Fund, being one-sixth part of three per centum of the net proceeds of 
sales of public lands in this State 

Seminary Fund, being the proceeds of the sales of the seminarj' lands donated 
by the general government for the establishment and maintenance of a State 
seminary 

■County Fund, created by the operation of an act approved February 7, 1833, 
which provided that teachers should not receive from the public fund more 
than half the amount due them for services rendered the preceding j'ear, and 
that the surplus should constitute the principal of a new fund to be called 
'The County School Fund' 

Township Fund, includes sixteenth section lands unsold and other lands, and 
the proceeds derived from the sale of sixteenth section and other lands 

Total 



$613,362 96 

335,592 32 

618,220 53 
156,613 32 

59,838 72 

161,703 31 
15,711,591 71 



$17,656,922 87 



§ 3. Neither the General Assembly nor any county, city, town, 
township, school district, or other public corporation, shall ever make 
any appropriation or pay from any public fund whatever, anything 
in aid of any church or sectarian purpose, or to help support or sus- 
tain any school, academy, seminary, college, university, or other 
literary or scientific institution, controlled by any church or sectarian 
denomination whatever; nor shall any grant or donation of land, 
money, or other personal property ever be made by the State or any 
such public corporation, to any church, or for any sectarian purxDose, 

1. A constitutional mandate can not be circumvented by indirect methods. 
Under our form of government, church and State are not and never can be 
"united. The former must pursue its mission without the aid of the latter. 
County of Cook v. Industrial School for Oirls, 125-540. 

2. By section 1, article 8 of the Constitution, it is made the duty of the 
State to provide a thorough and efficient system of free schools. If statutes 
are passed under which the management of these schools shall get into the 
"hands of sectarian institutions, then under the theory that they relieve the 
State of a burden, which it would otherwise be itself required to bear, the 
prohibition of the Constitution will be powerless to prevent the money of the 
tax-payers from being used to support such institutions inasmuch as they w^ill 
render a service to the State by performing for it its duty of educating the 
children of the people. Ibid. 

3. It is an untenable position, that public funds may be paid out to help 
support sectarian schools, provided only such schools shall render a quid pro 
quo for the payments made to them. The Constitution declares against the 
use of public funds to aid sectarian schools independently of the question 
vyhether there is or is not a consideration furnished in return for the funds so 
used. Ibid. 

4. The free schools are institutions provided where all children of the State 
may receive a good common school education. The schools have not been 
■established to aid any sectarian denomination, or assist in disseminating any 



6 

sectarian doctrine, and no board of education or school directors have any 
authority to use the public funds for such a purpose. Millard v. Board of 
Education, 121-397. 

5. The paying of rent to a church organization for the use of a room for 
school purposes is not such an appropriation, or aid to the church, as comes 
veithin the prohibition of our Constitution. Religious organizations are not 
under such legal bans that they may not deal at arra.'s length with the public 
in selling or leasing their property, when required for public use, in good 
faith, receiving therefor but a fair and reasonable compensation. The public 
in such case receives the full benefit of its contract, and the funds paid are 
not a gift, appropriation or aid to the church, nor paid for any sectarian 
purpose. Millard v. Board of Education, 19A-48; Millard v. Board of Educa- 
tion, 121-297. 

§ 4. No teacher, State, county, township, or district school officer 
shall be interested in the sale, proceeds or profits of any book, ap- 
paratus or furniture used, or to be used, in any school in this State, 
with which such officer or teacher may be connected, under such 
penalties as may be provided by the General Assembly. 

§ 5. There may be a county superintendent of schools in each 
county, whose qualifications, powers, duties, compensation and time 
and manner of election, and term of office, shall be prescribed by law. 

1. Section 5, articles of the Constitution provides that there may be a county 
superintendent of schools in each county, whose qualifications, powers, duties, 
compensation, and time and manner of election, and term of office shall be 
prescribed by la-sv. This provision vests the power offixing the compensation 
of county superintendents of schools in the Legislature. Such superinten- 
dents do not belong to that class of couotj'- officers whose compensation is to 
be fixed by the county board, as provided in section 10, article 10 of the Con- 
stitution. Jimison v. Adams County, 130-558. 

2. County superintendents elected hereafter shall receive in full for all 
services rendered by them, in counties of the first class, $1,250.00 per annum; 
in counties of the second class, $1,650.00 per annum; in counties of the third 
class $7,500.00 per annum, payable quarterly from the State school fund: 
Provided, however, that the board of supervisors or board of county commis- 
sioners may allow additional compensation for such services, payable 
quarterly from the county treasury. Sec. 21 Fees and Salaries Act. 



Article IV. 



Section 2^. The General Assembly shall not pass local or special 
laws in any of the following enumerated cases, that is to say: * * * 
Providing for the management of common schools. * * * Grant- 
ing to any corporation, association or individual any special or 
exclusive privilege, immunity or franchise whatever. ***** 
In all other cases where a general law can be made applicable, no 
special law shall be enacted. 

1. Section 22, article 4, of the Constitution, prohibits the General Assembly 
from passing any local or special law providing for the management of com- 
mon schools. It must be noticed that the language of this clause is much 
less comprehensive than that of section 1, article 8. There a system of free 
schools, not merely the management of free schools, is required to be pro- 
vided; and had it been intended no local or special law should be enacted for 
that purpose, it is most natural and probable that it would have been so said. 
It must be assumed that the word management was not unadvisedly or acci- 
dentally used, and that it relates to the conduct of the school in imparting- 
instruction. Speight v. The People, 87-595. 



3. There is no limitation in the Constitution as to the agencies the State 
shall adopt in providing- a system of free schools, and the General Assembly 
has full power to select or prescribe the agencies by which school taxes shall 
be levied, collected, held and disbursed, and all laws, whether in city char- 
ters or elsewhere, designed to affect free schools, may be regarded as school 
laws intended to provide a system of free schools. Section 22, article 4, of 
the Constitution, as to the power of passing special laws, relates merely to 
the management of common schools, that is, to the conduct of common 
schools in imparting instruction, and does not relate to the matter of provid- 
ing the necessary funds for their support. Fuller v. Heath, 89-296. 

3. The provisions of the general school law which affect the method of 
constituting the board of education and change the limit of taxation for 
school purposes prescribed in special charters, are not in violation of section 
22, article 4, of the Constitution, prohibiting the passage of special laws 
changing the charter of any city or village. Cleveland. Cincinnati, Chicago & 
St. Louis Railway Company v. Randle, 183-364. 

4. The act approved May 29, 1879, does not violate that clause of section 22, 
article 4, of the Constitution, which prohibits the General Assembly from 
passing any local or special law incorporating cities, towns or villages, or 
changing or amending the charter of any city, town or village. This act 
applies to all cities in the State having such school laws, and prescribes for 
them the same methods of constituting the board of education, and of the 
same limit of taxation as is prescribed for other cities which leYj school 
taxes under the general law. This act tends to uniformity rather than to 
perpetuate differences. An act which should repeal all such special laws 
would not be a local or special law and obnoxious to this provision of the 
Constitution, and so, one repealing all special limitations, leaving all other 
provisions of such special acts in force, is, upon the same principle, not pro- 
hibited. Statutes have been passed changing limitations upon the rate of 
taxation for other purposes as fixed in special charters of cities so incorpo- 
rated, so as to produce greater uniformity, but their constitutionality has not 
been seriously questioned. Cleveland, Cincinnati, Chicago & St. Louis Railway 
Company v. Randle, 183-364. 



Aeticle V. 



Section 25. All civil officers, except members of the General As- 
sembly and such inferior officers as may be by law exempted, shall, 
before they enter on the duties of their respective offices, take and 
subscribe the following oath or affirmation: 

I do solemnly swear (or afiirm. as the case may be) that I will support the 
Constitution of the United States, and the Constitution of the State of Illi- 
nois, and that I will faithfully discharge the duties of the office of 

according to the best of my ability. 

And no other oath, declaration or test shall be required as a quali- 
fication. 

1. The constitution requires that all civil officers, with exceptions that do 
not include trustees of schools, shall take and subscribe an oath before en- 
tering upon the duties of their respective offices. Such official oath is an 
essential and necessary qualification for holding the office, and without it. 
the title to the office fails. Simons v. The People, 18A-588. 



Aeticle IX. 

Section 3. The property of the State, counties, and other munici- 
pal corporations, both real and personal, and such other property as 
may be used exclusively for * * * * * school ***** 
purposes, may be exempted from taxation; but such exemption shall 
be only by general law. 

1. Section 2 of the revenue law provides that all lands donated by the United 
States for school purposes, not sold or leased; all public school houses; all 
property of institutions of learning, including- the real estate on which the 
institutions are located, not leased by such institutions or otherwise used 
with a view to profit; and all property of every kind belonging- to the State 
of Illinois, shall be exempt from taxation. 

2. In order to exempt a building erected for a school house from taxation, 
it must be under the immediate control of the school directors. It should be 
held in such a manner that it can be used at all times for the benefit of the 
public schools, independent of the will or action of other persons. It should 
be held in fee, or by such other estate as would give the board of directors 
the right to possess or control it at all times for the use of the district. The 
fact that it may have been once used for the purposes of a public school, does 
not of itself give it the character of a public school house after it ceases to 
be so used. Pace v. County Covfimissioners, 20-644. 

3. Land held by the trustees of the University of Illinois, although con- 
veyed to the corporate body, belongs to and is under the entire control of the 
State, when disposed to exercise the power; and, being property of the State, 
the Constitution authorizes its exemption from taxation, and the Legislature 
has exempted it. Trustees v. Champaign County, 76-184. 

4. A fund was donated to the State, in the first place, for the establishment 
and maintenance of an institution of learning, which this land represents. 
The State has no intention to part with either the ownership of the property 
or control of the institution. The Legislature has created a body corporate, 
as the most convenient mode of controlling the institution, its property and 
affairs, but the State retains the power of selecting its trustees, and, has 
powers, through other than trustees, to sell and dispose of the property of 
the institution, or even repeal its charter, as public policy or the interest of 
the university may require. Ibid. 

5. This section will hardly bear the construction, that the public school 
property alone is embraced in its provisions, but it was intended to embrace 
private schools, or schools under private charters, as well as the public school 
fund; but be that as it may, it does embrace property of the State, and the 
public school property and funds do, in fact, though not in form, belong to 
the State. City of Chicago v. TJie People, 80-384. 

6. Lands held by an institution of learning created by a special charter 
granted by the Legislature, not leased nor otherwise used with a view to 
profit, but used strictly in carrying on a seminary of learning, and used ex- 
clusively for that purpose, are exempt from taxation under the statute of ex- 
emption relating to property of institutions of learning. Monticello Female 
Seminary v. The People, 106-398. 

7. Real estate belonging to institutions of learning that shall be exempt 
from taxation is limited by the express terms of the statute to that upon 
whidh the institutions are located, and it is not within the province of the 
courts, by construction, to declare that other property shall be exempt. The 
General Assembly could rightfully exempt only such property as may be used 
exclusively for the purposes of the institutions of learning. It is not to be 
understood that the act of the General Assembly on this subject is broader in 
its scope than the Constitution itself. Theological Seminary v. The People, 
101-578. 

8. It has been uniformly held, that where the law, in exempting property 
from taxation, specifies both the ownership and use to which it is put, as 
descriptive of the property, unless the ownership and use of the property 



9 

unite in the manner specified in the law, then the property is not exempt. 
Where a school house is used for school purposes, but is owned by an indi- 
T-idual, and not by the public, it is liable to taxation. In re Swigeti), 123-267. 

9. All laws exempting property from taxation will be subject to a strict 
construction by the courts, when called upon to enforce them, and nothing- 
will be held to come within the exemption which does not clearly appear to 
be so, and all reasonable intendments will be indulg-ed in favor of the State. 
Where moneys belonging to the school fund, derived from the sale of the six- 
teenth section, are loaned on mortgaged security, and the title to real estate 
is thus acquired on foreclosure of such mortgage, and held, in the name of 
the city, for school purposes, such lands are not subject to taxation. The 
real estate thus acquired in fact belongs to the State, in trust for school pui*- 
poses, and is expressly exempted from taxation by section 2 of the revenue 
law. People v. City of Chicago, 124-636. 

10. By the canons of construction all laws exempting property from taxation 
are to be strictly construed, and all reasonable intendments indulged in favor 
of the State, and all doubts resolved in its favor and against exemptions. The 
expression institution of learning is broad enough to include every description 
of enterprise undertaken for educational purposes which is of higher grade 
than the public schools provided for in the statutes, and is not necessarily 
limited to either public or incorporated enterprises, or to both. 2Iontgomery 
V. Wynum, 130-17. 

11. That which is exempt from taxation is the property of the institution of 
learning, which plainly means the property owned by the institution. The 
property of and the property owned by an individual or corporation, as com- 
monly used and understood, means precisely the same thing. No matter where 
the legal title to the property may be vested, it is sufficient for the operation 
of the statute if the institution is the ultimate or beneficiary owner. If the 
title is in the controlling corporation, or if it is vested in a trustee or trustees, 
for the objects to be accomplished through the instrumentality of the institu- 
tion, in either event the property is, within the contemplation of the statute, 
the property of the institution of learning. Tbid. 

12. It is required by the statute, in order that the property should be exempt 
from taxation, that it should not be leased by such institutions, or otherwise 
used with a view to profit. The Constitution provides that property used ex- 
clusively for school purposes may be exempted, by general law, from taxation. 
The General Assembly, therefore, could rightfully exempt only such property 
as is used exclusively for the attainment of the objects of the institution of 
learning, and it cannot be understood that the statute is broader in its scope 
than the Constitution itself. Ibid. 

13. The fact that by section 2 of the revenue law it is provided that all 
public school houses shall be exempt from taxation, implies that private school 
houses in which are taught, with a view to private profit, the rudimentary 
branches of education, such as are ordinarily taught in the public schools, are 
subject to taxation. It is not perceived, from the act, that it was the legisla- 
tive intention, vs^hile thus leaving schools of this inferior grade, which are 
maintained for private and personal gain, subject to taxation, to relieve there- 
from schools of the grade of institutions of learning, which are likewise 
maintained for personal and private gain and profit, whether maintained by 
an individual or by a corporation. No reasonable or just groiind for such a 
discrimination is apparent, nor is it manifest such discrimination is in fact 
made by the statute. Ibid. 

14. It is the legislative policy to encourage and foster institutions of learn- 
ing, thereby afiiording opportunities for higher education; and this is done by 
not limiting the exemption from taxation to such institutions as are public 
and sustained by the State, but extending it to all institutions of learning, 
however managed and controlled, whether by a corporation or by an indi- 
vidual, but subject, however, to the restrictions that the property so to be 
exempted shall be owned by the institution, and shall not be leased or other- 
wise used with a view to profit. Ibid. 

15. In order that such property shall be exempt fi*om taxation it must be 
dedicated to a use favored by law, and it may be dedicated by being ow^ned 



10 

by an institution of learning which has a corporate existence which author- 
izes it to hold the title to property, or by having- the title thereto vested in a 
trustee or trustees, solely for the uses and purposes of the institution of 
learning-; and in either event it must not be used with a view to profit. It is 
not contemplated by the Constitution, or intended by the statute, that prop- 
erty owned by an individual in his or her own right, and used for his or her 
own gain and profit, or owned by a corporation formed with a view to profits 
and dividends to be paid to the stockholders, should be free from the burdens 
of taxation. Such an exemption would be violative of the principle of uni- 
formity and equality of taxation prescribed by the Constitution. Ibid. 

16. All laws exempting property from taxation must be construed 
strictly, and an exemption cannot be made by judicial construction to em- 
brace other subjects than those plainly expressed in the act. The expression 
"all public school houses" as that term is used in section 2 of our revenue act, 
refers to those school houses, which belong to our system of free schools, and 
are used for carrying out the purposes of that system. People v. Ryan, 138- 
363. 

17. The Constitution contemplates uniformity and equality of taxation ac- 
cording to value, but the Legislature is authorized to exempt from taxation, 
by general law, certain classes of property. Where such an exemption is 
claimed, the facts must clearly bring the property within the provisions of 
the law exempting it, and all doubts will be resolved against the exemption. 
In pursuance of the authority given by the Constitution, the Legislature has 
exempted from taxation all public school houses, and all property of institu- 
tions of learning, including the real estate on which the institutions are lo- 
cated, not leased by such institutions or otherwise used with a view to profit. 
MeCullough v. Board of Review, 183-373. 

18. The expression "institution of learning" is broad enough to include 
every description of enterprise undertaken for educational purposes which is 
of higher grade than the public schools provided for in the statutes. Public 
and private schools are defined to be schools of inferior grade, where instruc- 
tion is given in the rudimentary branches of education, such as are ordinarily 
taught in the public schools, and institutions of learning to be such as afford 
opportunities for higher education. Ibid. 

19. The idea of ownership of property can only be connected with that 
which we call an institution of learning by means of the interposition of 
either a society or corporation or a trust. In order such property shall be 
exempt from taxation it must be dedicated to a use favored by law, and it 
may be dedicated by being owned by an institution of learning which has a 
corporate existence which authorizes it to hold the title to property, or by 
having the title thereto vested in a trustee or trustees, solely for the uses and 
purposes of the institution of learning. Ibid. 

20. Property described as used for a play ground by a school cannot be 
held exempt from taxation as the property of an institution of learning, in 
the absence of any showing that a higher education is given in such school 
than in public schools. A petition to a board of review asking them to hold 
exempt from taxation property described as a play ground used for the school 
in the rear of the premises, does not bring the property within section 2 of 
the revenue law; neither does a petition to a board of review vrhich alleges 
that the petitioner, a Catholic bishop, holds the title to premises used as a 
play ground for a school, without alleging that it is held in trust, show that 
the property is the property of the school. Ibid. 

21. The right of taxation is essential to the very existence of the govern- 
ment, and all property, of every description, in the State, is subject to taxa- 
tion unless it has been specifically exempted. All laws exempting property 
must be subjected by the courts to a strict construction, and hence nothing 
will be held to be within the exemption which does not clearly appear so to 
be. Citiy of Chicacjo v. City of Chicago, 207-37. 

22. Exemption from taxation does not exempt from special assessments. 
The distinction between taxation and special assessment, is clearly made in 
our present Constitution. While it provides that the Legislature may exempt 
the property of the State, counties and other corporations from the former. 



11 

it makes no such provision in regard to the latter, but on the contrary, au- 
thorizes the General Assembly to vest the corporate power of cities, towns, 
and villages with power to make local improvements by special assessments, 
without any restrictions as to the property to be assessed. Count\i uf McLean 
V. City of Bloomington, 106-309. 

23. It has been been held that section 16 could not be subjected to taxation 
by the General Assembly. This was not put upon the ground of any direct 
exemption, but upon the use for which the property was granted, and the 
Constitutional provision that the land granted for school purposes should be 
faithfully applied to the objects for which the grant was made; that this pro- 
hibited the Leg'islature from directly appropriating this property to State or 
municipal purposes, and it could not do so by the indirect means of taxation; 
that so much as would be taken from the fund by taxation, would be an un- 
constitutional perversion of the fund to that extent. The State is the real 
owner of the fund, to be held in trust for the purposes of the grant. People 
T. Trustees of Schools, 118-52. 

24. This same reason, which would exempt the property from taxation- 
must be held to exempt it from special assessment. The fund would be liable 
to be misappropriated in the latter mode, as well as in the former. It does 
not meet the objection to a special assessment to say, that it takes nothing 
from the property, and the assessment is only to the extent of the benefit 
conferred upon it hy the improvement. This may be so in theory, but not in 
certainty. The property should be held sacred for the use to which it has 
been appropriated. It may be sold, or it may be rented for school purposes, 
but no authority of law is conferred upon any one to improve it. It should 
not be exposed to the danger of being improved away, by being made to pay 
for supposed benefits conferred upon it by improvements. Ibid. 

35. It is said the purpose is not to have sale made of the land to pay the 
assessment, but to obtain judgment, which may be paid out of any moneys 
unappropriated, of the township, or there may be the remedy by mandamus, 
requiring the board of trustees to levy a tax for the payment of the judgment. 
But any payment so to be obtained would come from school moneys, and there 
would be equally involved a perversion of the school fund as if the property 
itself should be sold to satisfy the judgment. Ibid. 

26. The distinction between taxation and special assessment is clearly made 
in our present Constitution. While providing that the General Assembly may 
exempt the property of the State, county, and raunicipality from the former, 
no such provision is made in regard to the latter, but, on the contrary, the 
General Assembly is authorized to vest the corporate authorities of cities, 
towns and villages with power to make local improvements by special 
assessments, without any restrictions as to the property to be assessed. Citif 
of Chicago v. City of Chicago, 207-37. 

27. A special assessment may be levied for the purpose of paving streets, 
putting down sidewalks, putting in curbing, or for sewer purposes, all of 
which are, in theory, for the benefit of the property abutting on the line of 
the improvement. Undeniably all of these improvements are of great benefit, 
if not of actual necessity, to a public school, and from the most of them no 
property derives more benefit than does that of the board of education. 
They are as necessary to the practical use of the property as the furnishing 
of heat, light and air. Special assessments for such improvements is but a 
method of applying the funds of the school district for the benefit of its 
schools, and is legal and proper. Ibid. 

28. School property, not being a part of section 16, nor derived therefrom, 
is subject to special assessment, whether occupied for school purposes, 
vacant, or occupied buildings from which the school receives rent. The fact 
that properly held in trust by a city for school purposes can not be sold for 
the purpose of collecting a special assessment against it does not defeat the 
assessment, since the law provides other methods by which the payment may 
be enforced. Ibid. 

§ 12. No county, city, township, school district or other municipal 
corporation shall be allowed to become indebted in any manner or 



12 

for any purpose, to an amount, including existing indebtedness, in 
the aggregate exceeding 5 per centum on the value of the taxable 
property therein, to be ascertained by the last assessment for State 
and county taxes, previous to the incurring of such indebtedness. 
Any county, city, school district, or other municipal corporation 
incurring any indebtedness as aforesaid, shall before, or at the time 
of doing so, provide for the collection of a direct annual tax sufficient 
to pay the interest on such debt, as it falls due, and also to j)ay and 
discharge the principal thereof within twenty years from the time of 
contracting the same. This section shall not be construed to i3revent 
any county, city, township, school district or other municipal corpora- 
tion from issuing their bonds in compliance with any vote of the 
people which may have been had prior to the adoption of this Consti- 
tution in pursuance of any law providing therefor. 

1. It would be difficult to employ languao-e making it plainer that the pro- 
Tiibition is on each corporation singly, and not on two or more in the aggre- 
gate. Wilson V. Board of Trustees, 133-443. 

2. The provision of section 12, article 9 of the Constitution, which requires 
municipal officers incurring any indebtedness to provide for a direct annual 
tax sufficient to pay the interest and principal in twenty years is self-execut- 
ing, and the tax so provided for, does not fall within the items of expenses 
for educational or building purposes mentioned in section 1, article 8, of the 
school law, even though levied to pay interest and principal on school house 
bonds. Baltimore & Ohio Southivestern Railroad Company v. The People, 195-423. 

3. While this section of the Constitution is self-executing, it is equally ap- 
parent that the Legislature intended, by the language of section 202, article 
8, to limit the levy of taxes by school oificers to the rates fixed by that sec- 
tion of the statute, and that enactment is not in conflict with this Constitu- 
tional provision. A board of directors or board of education, may levy but 
two kinds of taxes — one for educational purposes and one for building pur- 
poses. If a bonded indebtedness has been incurred for educational purposes, 
the tax to meet it must be levied as an educational tax, and if such indebted- 
ness has been incurred for building purposes, the tax levied to meet it must 
be levied for building purposes, and the tax levied for either purpose, whether 
or not it includes any sum to be applied upon bonded indebtedness, can not 
exceed the rate fixed by the statute for such purpose. Chicago & Alton Rail- 
road Company v. The People, 205-625. 

4. Any school district having at least 2,000 inhabitants may establish and 
maintain a high school for the benefit of such school district. In so doing it 
exercises a power which it already had, the only difi'erence being that the 
high school is in charge of a different board of edvication. There is no war- 
i-ant for saying that when a district establishes a high school it becomes two 
districts, the one within and co-extensive with the other or the one superim- 
posed upon the other. It is within the power of the Legislature to provide 
for the establishment of a high school under the control of a board of educa- 
tion elected for that purpose, but it can not, by multiplying the boards of 
education in the same territory, authorize the district to incur indebtedness 
beyond the Constitutional limit. Russell v. High School Board of Education, 
212-327. 

5. The establishment of a high school by a school district under the control 
of a different board of education is a mere division of existing powers of the 
district between two boards of education. What the new board of education 
can do, the district was already authorized to do through the existing board 
of education. If the Legislature, by authorizing a school district to estab- 
lish a high school, can also authorize it to incxir indebtedness beyond the 
Constitutional limit, it could get rid of all the restrictions of the Constitution 
Tby authorizing the management of each grade or department of the public 
schools bj'^ a different board of education, with different buildings. Such a 
construction of our Constitution has never been adopted. Ibid. 



IB 



AN ACT TO ESTABLISH AND MAINTAIN A SYSTEM OF 

FREE SCHOOLS. 



Article I. 

SUPERINTENDENT OF PUBLIC INSTRUCTION. 

Section 1. Be it enacted hy the People of the State of Illinois, 
represented in the General Assembly : That, at the election to be 
held on Tuesday after the first Monday of November, in the year of 
our Lord one thousand eight hundred and ninety, and quadrennially 
thereafter, there shall be elected by the legal voters of this State, a 
State Superintendent of Public Instruction, who shall hold his office 
for four years from the second Monday in January next after his 
election, and until his successor is duly elected and qualified. 

1. A statute making the Superintendent of Public Instruction ex officio a 
trustee of a normal school, merely enlarges the duties of his office, and does 
not violate section 5, article 5 of the Constitution, making him ineligible to 
any other office. People v. Inglis, 161-256. 

2. The proviso that no two members of the board of trustees of a normal 
school shall be residents of any one county, does not have any application to 
the Superintendent of Public Instruction, who is ex officio a member of said 
board. Ibid. 

§ 2. Before entering upon his duties he shall take and subscribe 
the oath of ofiice prescribed by the Constitution, and shall also exe- 
cute a bond, in the penalty of $25,000, payable to the people of the 
State of Illinois, with securities to be approved by the Governor, con- 
ditioned for the prompt discharge of his duties as Superintendent of 
Public Instruction, and for the faithful application and disposition, 
according to law, of all school moneys that may come into his hands 
by virtue of his office. Said bond and oath shall be deposited with 
the Secretary of State, and an action may be maintained thereon by 
the State at any time for a breach of the conditions thereof. 

§ 3. And the said State Superintendent, shall receive, annually, 
such sum as may be provided by law, as a salary for the services re- 
quired under the provisions of this act, or any other law that may be 
passed, and also all necessary contingent expenses for books, postage 
and stationery pertaining to his office, to be audited and paid by the 
State as the salaries and contingent expenses of other officers are 
paid. 



14 

§ 4. It shall be the duty of the said State Superintendent of Public 
Instruction — 

First — To keep an office at the seat of government of the State. 

Second — To file all papers, reports and public documents trans- 
mitted to him by the school officers of the several counties, each year 
separately. 

Third — To keep and preserve all other public documents, books 
and papers relative to schools, coming into his hands as State Super- 
intendent, and to hold the same in readiness to be exhibited to the 
Governor, or to any committee of either house of the General As- 
sembly. 

Fourth — To keep a fair record of all matters pertaining to the busi- 
ness of his office. 

Fifth — To pay over, without delay, all sums of money which may 
come into his hands by virtue of his office, to the officer or person en- 
titled to receive the same, in such manner as may be prescribed by 
law. 

Sixth — To counsel and advice, in such manner as he may deem 
most advisable, with experienced and practical school teachers, as to 
the best manner of conducting common schools. 

Seventh — To supervise all the common and public schools in the 
iState. 

Eighth — To be the general adviser and assistant of county super- 
intendents of schools in this State. 

Ninth — To address circular letters to county superintendents, from 
time to time, as he shall deem for the interests of schools, giving ad- 
vice as to the best manner of conducting schools, constructing school 
houses, furnishing the same, examining and procuring competent 
teachers. 

Tenth — To on or before the 1st day of November preceding each 
regular session of the General Assembly, report to the Governor the 
condition of the schools in the several counties of the State; the 
whole number of schools which have been taught in each county in 
each of the preceding years, commencing on the 1st day of July; what 
part of said number have been taught by males exclusively, and what 
part by females exclusively; what part of said whole number have 
l)een taught by males and females at the same time, and what part by 
males and females at different periods ; the number of scholars in at- 
tendance at said schools ; the number of persons in each county under 
21 years of age, and the number of such persons between the ages of 
12 and 21 years that are unable to read and write; the amount of 
township and county funds; the amount of the interest of the State 
or common school fund, and of the interests of the township and 
county fund annually paid out; the amount raised by an ad valorem 
tax, the whole amount annually expended for schools; the number of 
school houses, their kind and condition; the number of townships 
and parts of townships in each county; the number and description 
of books and apparatus purchased for the use of schools and school 
libraries under the provisions of this act, the price paid for the same, 
the total amount purchased, and what quantity and how distributed, 
ihe number and condition of the libraries, together with such other 



15 

information and suggestions as he may deem important in relation to 
the school laws, schools and the means of promoting education 
throughout the State; which report shall be laid before the General 
Assembly at each regular session. 

Eleventh— To make such rules and regulations as may be neces- 
sary and expedient to carry into efficient and uniform effect the pro- 
visions of this act, and of all the laws which now are or may herein- 
after be in force for establishing and maintaining free schools in this 
State. 

Twelfth — To be the legal adviser of all school officers, and when 
requested by any such school officers, to give his opinion in writing 
upon any question arising under the school laws of this State. 

1. The school law now in force makes the Superintendent of Public 
Instruction, the legal adviser of all school officers, and also makes it his duty, 
when requested by any such officer, to give his opinion in w^riting upon any 
question arising under the school laws of the State. Powell v. Board of Edu- 
cation, 97-375, 

Thirteenth — To hear and determine all controversies arising under 
the school laws of this State, coming to him by appeal from a county 
superintendent, upon a written statement of facts certified by the 
county superintendent. 

Fourteenth — To receive and file all proper reports made to him 
from time to time by the several county superintendents of this State 
as required by article 2 of this act. 

Fifteenth — To grant State certificates to such teachers as may be 
found worthy to receive them, as provided for in section 2 of article 
7 of this act. 

Sixteenth — To be ex officio a member of the board of trustees of 
the University of Illinois and of the Southern Normal University. 

Seventeenth — To be ex officio a member of the Board of Education 
of the State of Illinois, and to act as secretary thereof. 

Eighteenth — To report to the General Assembly of Illinois, at its 
regular sessions, the condition and exxoenditures of the Normal Uni- 
versity, and such other information as may be directed by the Board 
of Education of the State of Illinois or by the General Assembly of 
this State. 

Nineteenth — To visit such of the charitable institutions of this 
State as are educational in their character, and to examine their 
facilities for instruction, and to prescribe forms for such reports as 
he may desire from the superintendents of such charitable institu- 
tions. 

§ 5. The said State Superintendent of Public Instruction shall be 
clothed with the following powers: 

First — To direct and cause the county superintendent of any 
county, directors or boards of trustees or township treasurer of any 
township, or other school officer, to withhold from any officer, town- 
ship, district or teacher, any part of the common school, or township, 
or other school fund, until such officer, township treasurer or teacher 
shall have made all schedules, reports and returns required of him 
by this act, and until such officers shall have executed and filed all 



16 

official bonds and accounted for all common school or township or 
other school funds which have heretofore come into his hands, as 
required of him by this act. 

Second — To require the several county superintendents of this 
State to furnish him with such information relating to their several 
offices as he may desire to embody in his report to the General 
Assembly of this State. 

Third— To require the board of trustees of each township in this 
State to make, at any time he may desire, a report similar to the 
report, required to be made by such trustees, on or before the 15th 
day of July, preceding each regular session of the General Assembly 
of this State, as provided for in section 28 of article 3 of this act. 

Fourth — Upon the recommendation of the county superintendent, 
or for good and sufficient reasons, to remit the forfeiture of the school 
fund by any township which may have failed to make the reports re- 
quired by law. 

Fifth — To determine and designate the particular statistics relat- 
ing to schools which the inferior officers shall report to the county 
superintendent for the use of his office. 

Sixth — To authorize the several county superintendents to procure 
such assistance as may be necessary to conduct county teachers' in- 
stitutes for not less than five days in each year. 

Seventh — To require annual reports from the authorities of incor- 
porated towns, townships, cities or districts holding schools by 
authority of special charters to the same extent as regular school 
officers are or may be required to make such reports. 

Eighth — To require the president, principal or other proper officer 
of every organized university, college, seminary, academy or other 
literary institution, whether incorporated or unincorporated, or here- 
after to be incorporated in this State, to make out such report as he 
may require in order that he may lay before the General Assembly a 
fair and full exhibit of the affairs and conditions of such institutions 
and of the educational resources of the State. 

Ninth — To require the Auditor of Public Accounts to withhold 
from the county superintendent of any county the amount due any 
such county for its share of the interest on State school fund, or said 
county superintendent for his per diem compensation, until the re- 
port provided for in section 17 of article 2 of this act shall have been 
furnished as therein required. 

§ 6. The said State Superintendent of Public Instruction shall 
not be interested in the sale, proceeds or profits of any book, appa- 
ratus or furniture used, or to be used, in any school in this State, and 
for offending against the provisions of this section shall be liable to 
indictment, and upon conviction shall be fined in a sum not less than 
twenty-five nor more than five hundred dollars, and may be im- 
prisoned in the county jail not less than one month nor more than 12 
months, at the discretion of the court. 



n 

Aeticle II. 

COUNTY SUPEEINTENDENTS. 

Section 1. On Tuesday next after the first Monday in November, 
A. D. 1890, and quadrenially thereafter, there shall be elected by the 
qualified voters of every county in this State a county superintendent 
of schools, who shall perform the duties required by law, and shall 
enter upon the discharge of his duties on the first Monday of Decem- 
ber after his election. 

1. The school commissioner is a ministerial officer or agent, appointed by 
law to do certain things. Kidder v. Trustees, 10-191. 

§ 2. He shall, before entering upon his duties, take the oath pre- 
scribed by the Constitution, and execute a bond payable to the People 
of the State of Illinois, with two or more responsible freeholders as 
security, to be approved by the county board or by the judge and 
clerk of the county court, in a penalty of not less than twelve thous- 
and dollars (112,000.00), to be increased at the discretion of the said 
county board, conditioned that he will faithfully perform all the duties 
of his office according to the laws which are or may be in force dur- 
ing his term of office. 

§ 3. The bond required in the foregoing section shall be in the fol- 
lowing form, viz : 

State of Illinois, ) 

County. P^- 

Know all men by these presents, that we, A B, C D, 
and E F, are held and firmly bound, jointly and severally, unto the People 
of the State of Illinois, in the penal sum of dollars, to the pay- 
ment of which we bind ourselves, our heirs, executors and administrators 
firmly by these presents. 

In witness whereof we have hereunto set our hands and seals this 

day of A. D. 18 

The condition of the above obligation is such, that if the above bounden 
A B, county superintendent of the county aforesaid, shall faithfully dis- 
charge all the duties of such office, according to the laws which now are and 
may hereafter be in force, and shall deliver over to his successor in oiEce all 
moneys, books and papers and property in his hands, as such county superin- 
tendent, then this obligation to be void, otherwise to remain in full force 
and virtue. 

A B (Seal.) 

C D (Seal.) 

E F (Seal.) 

And which bond shall be tiled in the office of the County Clerk. 

§ 4. The obligors in such bond shall be bound jointly and sever- 
ally, and upon it an action or actions may be maintained by the board 
of trustees of the proper township, or any other corporate body inter- 
ested, for the benefit of any township or fund injured by any breach 
of the conditions thereof. 

§ 5. If a majority of the county board shall be satisfied at any 
time that the bond of said county superintendent is insufficient, it 
shall be the duty of such superintendent, upon notice being given to 
him by the clerk of such board, to execute a new bond, conditioned 

— 2 S L 



18 

and approved as the first bond: Provided, that the execution of 
such new bond shall not afPect the old bond or the liability of the 
securities thereon. 

§ 6. It shall be the duty of the county board of the county to 
provide the said county superintendent with a suitable office, with 
necessary furniture and office supplies, as is done in the case of other 
county officers. 

******* 

§ 8. When the office of county superintendent of schools shall 
become vacant by death, resignation, the removal of the incumbent 
by the county board or otherwise, the county board shall till the 
vacancy by appointment, and the person so appointed shall hold his 
office until the next election of county officers, at which election the 
county board shall order the election of a successor: Provided, that 
if a vacancy shall not be filled by the county board within thirty 
days of the time the vacancy occurs by reason of a tie vote of said 
board ujjon the vote to fill the vacancy, or from any other cause, then 
it shall be the duty of the clerk to the county board to summons the 
county judge of the county in which the vacancy exists to meet with 
the county board at a time and place to be designated by the clerk, 
of which meeting the members of the county board shall have notice; 
and said county board and county judge, when so notified, shall meet 
at the time and place designated, at which meeting the county 
judge shall preside, and in case of a tie vote he shall give the casting 
vote. Upon the appointment of a person to fill the vacancy of county 
superintendent of schools, the clerk of the county board shall notify 
the person so selected and appointed by the board of his selection 
and appointment, and he shall hold his office until the next election 
of county officers, at which election the county board shall order the 
election of a successor. (As amended by an act approved April 22, 
1899.) 

1. When a county superintendent of schools tenders his resig-nation in 
writing, and this resig-nation is received and filed, the resignation is complete, 
and is not subject to revocation. Pace v. People, 50-432. 

§ 9. In counties having not more than one hundred (100) schools, 
the county board may limit the time of the superintendent: Pro- 
vided, that in counties not having more than fifty (50) schools, the 
limit of time shall not be made less than one hundred and fifty (150) 
days a year; in counties having from fifty-one (51) to seventy-five 
(75) schools, not less than two hundred (200) days a year; and in 
counties having from seventy-six (76) to one hundred (100) schools, 
not less than two hundred and fifty (250) days a year. 

§ 10. The county superintendent may, with the approval of the 
county board, employ such assistant or assistants as he needs for the 
full discharge of his duties. Such assistants shall be persons of 
good attainments, versed in the principles and methods of education, 
familiar with public school work, and competent to visit schools. 
Such assistants shall receive such compensation as may be fixed by 
the county board. 



19 

§ 11. County superintendents shall receive in full, for all services 
rendered by them, commissions as follows: Three per cent commis- 
sion upon the amount of sales of school lands, or sales of land upon 
mortgage, or of sales of real estate taken for debt, including all ser- 
vices therewith. Two per cent commission upon all sums distri- 
buted, paid or loaned out by them for the support of schools. For 
all other duties required by law to be performed by them, four dol- 
lars ($4) a day for such number of days as shall be spent in the 
actual performance of their duties, not exceeding the number fixed 
by the county boards in counties in which the boards are given power 
to fix the number of days by section 9 of this article of this act, and 
one dollar ($1) a day, for expenses for the number of days actually 
spent in school visitation. 

1. A county superintendent is not entitled to a commission on the proceeds 
derived from a sale of lands, where the title to such lands is vested in the 
trustees of schools. The commission authorized by this section relates to the 
original sale of the sixteenth section, or the sale of lands, the title to which, 
is vested in the county superintendent and held by him as part of the prin- 
cipal of the county or township fund. Bateman's Decisions, 73. 

2. The per diem allowance to county superintendents of schools may be 
regarded as compensation and not as fees in the sense that that w^ord is used 
in section 11, article 10 of the Constitution. That section has no application 
and does not operate to repeal the law^ under which the compensation is fixed. 
Jefferson County v. Johnson, 64-149. 

3. The statute of 1867, fixing the compensation of county superintendents, 
was not repealed by section 11, article 10, of the Constitution. The v^ diem 
allowance to county superintendents may be regarded as compensation and 
not fees, as the term is used in that instrument. Knox County v. Christianer, 
68-453. 

4. Under the revision of 1872, a county superintendent of schools had no 
lawful authority to hold a teachers' institute, and thereby charge the county 
for such services, unless the holding of such teachers' institute had been 
provided for by the county board. The county board had complete control 
of this subject, and the county superintendent could not act for the county 
in this regard, without the sanction of the county board. Murray v. Clay 
County, 81-597. 

5. Section 10, article 10 of the Constitution, in speaking of all county offi- 
cers manifestly does not include the county superintendent of schools, an 
office that might or might not be created, but, if created, its compensation 
was to be prescribed by law. To ascertain what is the compensation of the 
county superintendent, we must look to the statutes enacted since the adop- 
tion of the Constitution. Jimison v. County of Adams, 38A-52; Jimison v. 
Adams County, 130-558. 

6. Section 5, article 8 of the Constitution provides, that there may be a 
county superintendent of schools in each county, v?hose qualifications, powers, 
duties, compensation and time and manner of election, and term of office, 
shall be prescribed by law. This provision vests the power of fixing the com- 
pensation of county superintendents of schools in the Legislature. Such super- 
intendents do not belong to that class of county officers whose corapensation 
is to be fixed by the county board, as provided in section 10, article 10 of the 
Constitution. Jimison v. Adams County, 130-558. 

7. County superintendents elected hereafter shall receive in full for services 
rendered by them, in counties of the first class, $1,250 per annum; in counties 
of the second class, 5?1,65U per annum; in counties of the third class, $7,500 
per annum; payable quarterly from the State school fund: Provided, however, 
that the board of supervisors or board of county commissioners may allow 
additional compensation for such services, payable quarterly from, the county 
treasury. The Auditor in making his warrant to any county for the amount 



20 

due it from the State school fund, shall deduct from it, the several amounts 
for Avhich warrants have been issued to the county superintendent of said 
county, since the preceding- apportionment of the State school fund. /Section 
27, Act Concerning Fees and Salaries. 

§ 12. The county superintendents shall present under oath, or 
affirmation, their itemized bills for their per diem compensation and 
for the expenses allowed by this article of this act, when visiting 
schools, together with a report of all their acts as such county super- 
intendent, or assistant, including a list of all the schools visited, with 
the dates of visitation, to the county board, at the annual meeting of 
such county board in September, and as near quarterly thereafter as 
such board may have regular or special meetings, and after the bills 
have been audited by the county board, the county clerk shall certify 
to such auditing upon the bills, and transmit them to the Auditor of 
Public Accounts, who shall, upon receipt of them, remit in payment 
thereof to each superintendent his warrant upon the State Treasurer 
for the amount certified to be due him. The said Auditor, in making 
his warrant to any county for the amount due it from the State school 
fund, shall deduct from it the several amounts for which warrants 
have been issued to the county superintendent of said county since 
the next preceding apportionment of the State school fund. 

§ 13. It shall be the duty of each county superintendent of schools 
in this State — 

First —To sell township fund lands, issue certificate of purchase, re- 
port to the county board and State Auditor, and perform all other 
duties pertaining thereto, as required by article 13 of this act. 

1. Courts of equity will scrupulously examine the conduct of persons acting" 
in fiduciary or trust capacities, and protect the trust property from waste, 
whether it arise from the actual or constructive fraud of the trustee, acting* 
with the party obtaining- the undue advantag-e, or from the fraud of the latter 
alone. Moore v. School Trustees, 19-83. 

Second — To register applicants for admission to the State Normal 
Universities and to the University of Illinois, and to assist in the ex- 
amination of the same as directed by the State Board of Education 
or other proper authorities. 

Third — To visit each school in the county at least once a year, and 
in the performance of this duty he shall spend at least half the time 
given to his office, and more, if practicable, in visiting ungraded 
schools. 

Fourth — To note, when visiting schools, the methods of instruction, 
the branches taught, the text-books used, and the discipline, govern- 
ment and general condition of the schools. 

Fifth — To give teachers and school officers such directions in the 
science, art and methods of teaching and courses of study as he may 
deem expedient and necessary. 

Sixth — To act as the official adviser and constant assistant of the 
school officers and teachers of his county; and in the performance of 
this duty he shall faithfully carry out the advice and instruction of 
the State Superintendent of Public Instruction. 

Seventh — To conduct as provided for in section 10 of article 7 of 
this act, a teachers' institute, and to aid and encourage the formation 
of other teachers' meetings, and to assist in their management. 



21 

Eighth — To labor in every practicable way to elevate the standard 
of teaching, and improve the condition of the common schools of his 
county. 

Ninth — To examine at least once each year, all books, accounts and 
vouchers of every township treasurer in his county, and if he finds 
any irregularities in them he shall at once report the same in writing 
to the board of trustees, whose duty it shall be to take, immediately, 
such action as the case demands. 

Tenth — To examine all notes, bonds, mortgages, and other evidences 
of indebtedness which the township treasurer holds officially, and if 
lie finds that the papers are not in proper form, or that the secur- 
ities are insufficient, he shall so state in writing to the board of 
trustees. 

Eleventh — To give notice of the election of trustees in cases such 
as those provided for in section 15, article 8 of this act. 

Twelfth — To file and safely keep the poll books and returns of any 
election required to be returned to the county superintendent by any 
provision of this act. 

Thirteenth — To investigate and determine all matters pertain- 
ing to the change in the boundaries of school districts which may 
come to him by appeal from the decision of the school trustees, and 
to notify the township treasurer, from whom the papers relating to 
the matter were received, of his decision of the matter. 

1. On appeal to the county superintendent from the action of the boards of 
trustees of certain townships rejecting- petitions for the formation of a new 
school district, it is his duty to investig-ate and determine whether the pro- 
posed change will be for the best interests of the districts affected, and his 
decision is final, in the absence of fraud or a flagrant abuse of his discretion. 
School Trustees v. School Directors, 190-390; People v. Keechler, 194-235. 

Fourteenth — To give notice of the election of school directors in 
cases such as are provided for in section 9 of article 5 of this act. 

Fifteenth — To hold meetings, at least quarterly, for the examin- 
ation of teachers, as provided for in section 7 of article 7 of this act. 

Sixteenth — To grant certificates of qualification to such persons 
as may be qualified to receive them, as provided for in section 3 of 
article 7 of this act; and to keep a record of all teachers to whom 
such certificates have been granted, as provided by section 4 of article 
7 of this act; and to keep a record of all teachers employed in 
teaching in his county. 

Seventeenth — To keep a just and true account of all moneys re- 
ceived and all moneys paid out on account of the "institute fund," 
and make report thereof to the county board, as provided for in 
section 9 of article 7 of this act. 

Eighteenth — To present to the county board of the county, at the 
first regular meeting thereof, annually, the report required by section 
3 of article 11 of this act. 

Nineteenth — To notify presidents of boards of trustees and clerks 
of school districts, on or before Sept. 30, annually, of the amount of 
money paid by him to the townshij) treasurer, and the date of such 
payments . 



22 

Twentieth — To receive and file, on or before the 15th day of July 
preceding each regular session of the General Assembly, and such 
other times as may be required by the State or county superintendent, 
a statement from the board of trustees of each township, giving such 
statistics and information as may be called for. 

§ 14. The said county superintendent shall have power — 

First — To require the board of trustees of each township in his 
county to make, at any time he may desire, the report provided for in 
section 28 of article 8 of this act. 

Second — To recommend to the State Superintendent the remission 
of the penalty provided for a failure by the trustees of schools to make 
the report provided for by law. 

Third — To renew teachers' certificates at their expiration by his 
indorsement thereon. 

Fourth — To revoke the certificate of any teacher for immorality, 
incompetency or other cause. 

Fifth — To direct in what manner township treasurers shall keep 
their books and accounts. 

Sixth — To bring suit against the county collector for a failure to 
pay State Auditor's warrant, as provided for in section 5 of article 12 
of this act. 

Seventh — To remove any school director from office for a willful 
failure to perform the duties of his office. 

Eighth— ^o lease and sell real estate in cases provided for in sec- 
tion 26 of article 13 of this act, in the manner therein specified. 

S 15. The said county superintendent shall provide three well bound 
books, which shall be paid for from the county treasury. These books 
shall be known and designated by letters A, B, C, for the following 
purposes: In book A he shall record at length all petitions presented 
to him for the sale of common school lands, and the plats and certifi- 
cates of valuation made by or under the direction of the trustees of 
schools, and the affidavits in relation to the same. In book B he shall 
keep an account of all sales of common school lands, which account 
shall contain the date of sale, name of purchaser, description of land 
sold and the sum sold for. In book C he shall keep a regular account 
of all moneys received for lands sold or otherwise, and loaned or paid 
out; the persons from whom received, and on what account, and show- 
ing whether it is principal or interest: the person to whom loaned, the 
time for which the loan was made, the rate of interest, the name of 
the securities, when personal security is taken, or if real estate is 
taken as security, a description of the real estate; and if paid out, to 
whom, when, and on what account, and the amount paid out; the list 
of sales and the account of each township fund to be kept separate. 

§ 16. The county superintendent shall report, in writing, to the 
county board, at their regular meeting in September of each year, 
giving first, the balance on hand at the time of the last report and a 
statement in detail of all receipts since that date, and the sources 
from which they were derived; second, the amount paid for expenses; 
third, the amount of his commissions; fourth, the amount distributed 
to each of the township treasurers in his county; fifth, any balance 



23 

on hand. He shall also present for inspection at the same time his 
books and vouchers for all expenditures, and all notes or other evi- 
dences of indebtedness which he holds officially, with the securities 
of the same; and he shall give in writing a statement of the condition 
of the county fund, of the institute fund, and of any township funds 
of which he may have the custody, 

§ 17. On or before the 15th day of August before each regular 
session of the General Assembly of this State, or annually, if so re- 
quired by the State Superintendent of Public Instruction, the county 
superintendent shall communicate to said State superintendent all 
such information and statistics upon the subject of schools in his- 
said county as the said State superintendent is bound to embody in 
his report to the Governor, and such other information as the State 
superintendent shall require. 

§ 18. In all cases where the township board of trustees of any town- 
ship shall fail to prepare and forward, or cause to be prepared and 
forwarded to the county superintendent, the information and statistics 
required of them in this act, it shall be the duty of the said county 
superintendent to employ a competent person to take the enumeration 
and furnish such statistical statement, as far as practicable, to 
the superintendent; and such person so employed shall have free 
access to the books and papers of said township to enable him to 
make such statement; and the township treasurer or other officer or 
person in whose custody such books and papers may be shall permit 
such person to examine such booKS and papers at such times and 
places as such person may desire for the purposes aforesaid; and the 
said county superintendent shall allow, and pay to the person so em- 
ployed by him, for the services such amount as he may judge reason- 
able out of any money which is or may come into said superintend- 
ent's hands, apportioned as the share of or belonging to such town- 
ship; and the said county superintendent shall proceed to recover and 
collect the amount so allowed or paid for such services, in a civil 
action before any justice of the peace in the county, or before any 
court having jurisdiction in the name of the People of the State of 
Illinois, of and against the trustees of schools of said township in 
their individual capacity; and in such suit or suits the said county 
superintendent and township treasurer shall be competent witnesses; 
and the money so recovered, when collected, shall be paid over to the 
county superintendent for the benefit of said township, to replace the 
money taken as aforesaid. 

§ 19. Whenever the bond of any township treasurer approved by 
the board of trustees of schools, as required by law, shall be delivered 
to the county superintendent, he shall carefully examine the same, 
and if the instrument is found in all respects to be according to law, 
and the securities good and sufficient, he shall endorse his approval 
thereon, have it recorded in the circuit clerk's office, and file the same 
with the papers of his office, but if said bond is in any respect defect- 
ive, or if the penalty is insufficient, he shall return it for correction. 
When the bond shall have been dxily received and filed, the superin- 
tendent shall, on demand, deliver to said township treasurer a written 
statement certifying that his bond has been approved and filed, and 



24 

that said township treasurer is entitled to the care and custody, on 
demand, of all moneys, bonds, mortgages, notes and securities, and all 
books, papers and property of every description belonging to said 
township. 

§ 20. Upon the receipt of the amount due upon the Auditor's war- 
rant, the county superintendent shall apportion said amount, also the 
interest on the county fund and the fines and forfeitures, to the 
several townships or parts of townships in his county, in which town- 
ship or parts of townships schools have been kept in accordance with 
the provisions of this act, and with instructions of the State and 
county superintendents, according to the number of children, under 
twenty-one years of age, returned to him, and shall pay over the 
distributive share belonging to each township and fractional town- 
ship, to the respective township treasurers, or other authorized per- 
sons annually: Provided, that no part of the State, county or other 
school fund shall be paid to any township treasurer or other person 
authorized by said treasurer, unless said township treasurer has filed 
his bond, as required by section 1 of article 4 of this act; nor in case 
said treasurer is reappointed by the trustees, unless he shall have re- 
newed his bond and filed the same as aforesaid. 

§ 21. The county superintendent may loan any money, not interest, 
belonging to the county fund, or to any township fund, before the 
same is called for, according to law, by the township treasurer, at the 
same rate of interest, upon the same security and for the same length 
of time as is provided by this act in relation to the township treas- 
urers, and apportion the interest as provided in the preceding section; 
and notes and mortgages taken in the name of the "county superin- 
tendent" of the proper county are hereby declared to be as valid as if 
taken in the name of "trustees of schools" of the proper township, 
and suits may be brought in the name of "county superintendents" 
on all notes and mortgages heretofore or hereafter made payable to 
the county superintendents. 

1. It is the duty of the county superintendent to secure all loans by first 
mortgag'e on realty situated in this State, which, at a fair and reasonable 
cash value is worth at least fifty per centum more than the amount of the 
loan, and he must resort to all accessible means of information, to satisfy 
himself that the title to the land is in the mortgagor, or mortgagors, and is 
unincumbered. The title must be such that a prudent and careful man would 
not hesitate to invest his own money upon it at a full price. He must act 
w^ith as much care and circumspection in securing school money as a prudent 
and careful man w^ould exercise in securing his own, relying alone upon the 
title. If the county superintendent neglects to do this, then the loan is not 
authorized Dy law, and he is, in legal contemplation, as much guilty of vio- 
lating his official duty as if he had appropriated the money to his own private 
purposes. People v. Raines, 10-528; County of Oreene v. Bledsoe, 12-270; Peo- 
ple V. Core, 85-348; Board of Trustees v. Baker, 24A-231; Board of Trustees v. 
Baker, 34A-620. 

2. Where a loan is made by a county superintendent in palpable violation 
of his official duty and a suit is brought on his bond, the measure of damages 
is not merely the interest due on the principal of such loan, but the full 
amount of the loan and accrued interest. If the county superintendent violates 
the law in lending the money and thus incurs liability, he cannot postpone 
that liability by the terms of such illegal loan. If he is liable at all, it is for 
the illegal loan, and necessarily the liability accrues as soon as the illegal act 
is done. Ibid. 



25 

3. When the principal debtor to the county school fund dies, it is the duty 
of the county superintendent to present the note, if due, on the day appointed 
hy the administrator for the adjustment of claims and have it allowed against 
his estate. If this resource be unavailing, it is the duty of such officer to in- 
stitute suit, if necessary, against the tw^o responsible sureties to recover the 
amount of the principal and interest due upon the note. For neglect or re- 
fusal to perform this duty, the county superintendent becomes liable therefor 
upon his official bond. McHaney v. Trustees of Sc7wols, 68-140; Housev. Trustees 
of Schools, 83-368; Curry v. Mack, 90-606. 

§ 22. In all controversies arising under the school law, the opinion 
and advice of the county superintendent shall first be sought, whence 
appeal may be taken to the State Superintendent of Public Instruc- 
tion upon a written statement of facts certified by the county super- 
intendent. 

§ 23. The county superintendent, upon his removal or resignation, 
or at the expiration of his term of office, (or in case of his death, his 
representatives,) shall deliver over to his successor in office, on demand, 
all moneys, books, papers and personal property belonging to the 
office or subject to the control or disposition of the county superin- 
tendent. 

1. The money in the hands of the county superintendent, at the expiration 
of his term of office, is the property of the county, to be used for school pur- 
poses, and it is his duty, in going out of office, to deliver it over specifically, 
or in funds of equivalent value, to his successor in office. A different doctrine 
v^^ould operate most povperf ully to diminish that fund, vs^hich the best interests 
of the community require to be husbanded with the greatest possible care. 
Hamilton v. Cook County, 5-519. 

2. When a county superintendent has been removed from office, he has no 
right to accept from a debtor to the school fund, the amount of his indebted- 
ness, and return to him the notes executed by the debtor and the mortgage 
given to secure the same. Jameson v. Conway, 10-227. 



Article III. 

TOWNSHIP TEUSTEES OF SCHOOLS. 

Section 1. Each congressional township is hereby established a 
township for school purposes. 

1. Each congressional township is established a township for school pur- 
poses. People V. Dupuyt, 71-651. 

2. The references to school townships in the school law^, mean the congres- 
sional tow^nships, w^hich are thereby declared to be established as townships 
for school purposes. Trustees of Schools v. The People, 61A-131; Trustees of 
Schools V. The People, 161-146. 

3. When a city annexes part of a school township leaving the 16th section, 
such remainder constitutes a school township, and is entitled to the rents, 
issues and profits of said section, to be administered by the trustees of schools 
for its own uses and purposes. People v. Trustees, 86-613. 

4. School townships were created and are continued for school purposes, and 
not for municipal purposes. They are intended to establish schools, lend and 
manage the school funds of the township, and pay the teachers of schools 
taught in their jurisdiction. This is the purpose of their organization. They 
were not created to exercise any of the functions of government, and are not 



26 

municipal in their nature or purpose, nor are they provided with the officers 
or the power to exercise the functions of government. People v. Trustees of 
Scliools, 78-136. 

§ 2. Whenever any fractional township contains less than two 
hundred (200) persons under 21 years of age, the trustees thereof, 
upon petition of a majority of the adult inhabitants of such fractional 
township, may, by written agreement entered into with the board of 
trustees of any adjacent townshij), consolidate the territory, school 
funds and other property of such fractional township with such adja- 
cent township, and thereafter shall cease to exercise the functions of 
school trustees for such fractional township; and such territory, school 
funds and other property, aforesaid, shall thereafter be managed by 
the board of trustees of such adjacent and consolidated township in 
accordance with the terms of agreement aforesaid, in the same manner 
as is, or may be, provided by law, for the management of territory, 
funds and other property of school townships: Provided, that the 
said written agreement shall be duly signed by a majority of the said 
trustees, and filed for record by the said trustees in the office of the 
county clerk of the county in which such consolidated township, or 
the greater part thereof, is situated. (As amended June 21, 1895.) 

1. The Legislature may unite or divide townships and their school funds, as 
it thinks best. Oreenleaf v. Trustees, 22-236. 

§ 3. The school business of the township shall be done by three 
trustees, to be elected by the legal voters of the township, as herein- 
after provided for. 

1. The business of the township shall be done by three trustees, to be 
elected by the legal voters of the township, who, upon their election, shall be 
a body politic and corporate, by the name and style of trustees of schools of 
the township. People v. Dupuyt, 71-651. 

§ 4. Said trustees shall be a body politic and corporate, by the 

name, and style of "trustees of schools of township No range 

No ," according to the number. The said corporation shall have 

perpetual existence, shall have power to sue and be sued, to plead and 
be impleaded, in all courts and places where judicial proceedings are 
had. 

1. In respect to quasi corporations, as exist only for public purposes, the 
Legislature has an unquestionable right to exercise a superintending control 
over their money and other property, securing, however, as a matter of good 
faith, the effects of the corporation, for the use of those for whom it was do- 
nated or purchased. Bush v. SMpman, 5-186. 

3. Public corporations are but parts of the machinery employed in carrying 
on the affairs of the State, and they are subject to be changed or modified, as 
the exigencies of the public may demand. The State may exercise a general 
superintendence and control over them, and their rights and effects, so that 
their property is not divested from the uses and objects for which it was 
given or purchased. That the trustees of schools are corporations of this 
character, and subject to be regulated and controlled by the Legislature, is 
fully established. Trustees of Schools v. Tatman, 13-27. 

3. The inhabitants of a township are, by the statute, transformed into a 
corporation, the head of which is the trustees of schools elected by them. 
The statute further directs, that the business of the township shall be tran- 
sacted by such trustees, and empowers them to sue in their corporate name. 
Moore v. School Trustees, 19-83. 



27 

4. Trustees of schools are public officers, vested with the power to deter- 
mine to what district money collected for school purposes shall belong. The 
school directors of one district cannot refuse to receive the money thus or- 
dered by the board of trustees to be paid to them; by receiving- it, they do 
not become liable to an action by another district claiming- it. If another 
district has any action, it must be against the trustees of the township. 
School Directors v. School Directors, 36-140. 

5. Trustees of schools are not named in the Constitution. They are not 
included in the municipalities which may be vested with power to assess and 
collect taxes, and they have never been authorized, by any public law, to 
assess taxes for any purpose. The term townships evidently refers to town- 
ships formed under the township organization law, and the Legislature 
could only clothe school districts, and not school trustees, with the power of 
taxation. Trustees v. The Peopld, 63-299. 

6. The trustees of schools are not corporate authorities within the mean- 
ing of the constitutional provision. When the Constitution said that the cor- 
porate authorities of school districts might be vested with the right of taxa- 
tion, it limited the power of the Legislature to the corporate authorities 
designated. The designation of the particular authorities must exclude all 
others, or there would be no limitation. Ibid. 

7. The Constitution restricted the use of the taxes to corporate purposes. 
In determining the declared purpose we must regard alone the object to be 
accomplished by the school district. The only design of a school district 
must be to give instruction. It could never have been contemplated that it 
should embark in railroad and other enterprises entirely foreign from the aim 
of its existence. Ibid. 

8. When a delinquent treasvirer goes out of office and retains moneys which 
he received by virtue of his office, and refuses to pay the same to his suc- 
cessor in office, a right of action is created thereby in favor of the board of 
trustees, and against the delinquent and his sureties upon his official bond, 
whether an apportionment or division of the fund has been struck or not 
among the various districts of the townships. Tappan v. The People, 67-340; 
Kagay r. Trustees of Schools, 68-75; Trustees of Schools v. Stokes, 3A-267. 

9. Each congressional township is established a tow^nship for school 
purposes. The business of the township shall be done by three trustees, to 
be elected by the legal voters of the township, who, upon their election, as 
hereinafter provided, shall be a body politic and corporate, by the name and 
style of trustees of schools of the township. The corporation shall have per- 
petual existence, and shall have power to sue and be sued, to plead and be 
impleaded, in all courts and places w^here judicial proceedings are had. 
People V. Dupuyt, 71-651. 

10. The duties and powers of the trustees are defined to be, among other 
things, the authority to appoint a treasurer, who shall be clerk of the board; 
to lay off the township into one or more school districts, to suit the wishes 
and conveniences of a majority of the inhabitants of the township; they are 
invested with the title, care and custody of all school houses and school sites; 
all money for school purposes in the township goes into the hands of the 
treasurer; it is the duty of the trustees to apportion all school funds between 
the several districts in the township. Ibid. 

11. From the various provisions of the statute, it is apparent that the trus- 
tees of schools were created a corporation, or what might more strictly be 
termed a quasi corporation, for the purpose and with the sole and only power 
of acting in matters pertaining to the public schools of the township. All 
other business is foreign to the object for which they were created a body 
corporate. Ibid. 

13. When trustees of schools obtain and hold money belonging to an adja- 
cent township, they must be held to refund it. It is an elementary principle 
of law^, that the action of assumpsit for money had and received for the use 
of another, will lie whenever the defendant has received money which, in 
equitj^, belongs to the plaintiff. Trustees of Schools v. Trustees of Schools, 
81-470. 



28 

13. A promissory note signed by t-svo persons as school trustees, but which 
•does not purport to be a note given in behalf of a school district, is the indi- 
vidual note of such persons and not the note of any school corporation. The 
words school trustees are simply descriptio personarum. Trustees of Schools v. 
Rautenberg, 88-219. 

14. A person who acts as township treasurer for a number of years, thereby 
sanctioning the acts and doing of the board of trustees, and afterward con- 
tracts to sell a lot for a school house site, knowing that the title would go to 
the trustees, is estopped from denying the legality of the election of such offi- 
cers. Frick v. Trustees of Schools, 99-167. 

15. It is essential to the legal organization of a school district that it shall 
have a definite territory. An admission of the legal corporate existence of a 
school district is an admission that its organization was legal, and that the 
territory embraced in the district as it v^^as originally organized was legally 
included therein. School District v. The People, 75A-539. 

16. The common law writ of certiorari is the appropriate remedy to bring 
before the circuit court, for review, the proceedings of a board of trustees in 
uniting school districts. Upon a hearing in a proceeding of this character, 
evidence other than the record of the inferior tribunal can not be heard or 
considered. Miller v. Trustees of Schools, 88-26. 

17. Whenever great public detriment or inconvenience might result, the writ 
of certiorari should be denied. It should not be granted after the lapse of 
three years, to review the actions of the trustees of schools, in changing the 
boundaries of school districts. Trustees of Schools v. School Directors, 88-100. 

18. The trustees of schools represent the public in respect of all matters 
confided to them by law, and their action, within the scope of their authority, 
when acting in conformity with the law, must necessarily be binding on the 
public, and their acts, when done in obedience to the mandate of a court of 
competent jurisdiction, must have the same binding force and effect as if 
performed without such mandate, and upon their own motion and judgment. 
School Directors v. School Directors, 135-464. 

§ 5. The election of trustees of schools shall be on the second 
Saturday in April, annually. 

1. SectioH 19 of this article provides, that in counties under township or- 
ganization, where the school and civil townships are co-extensive in territory, 
the trustee or trustees shall be elected at the same time and in the same man- 
ner as the township officers. 

§ 6. At the first regular election of trustees, after the passage of 
this act, a successor to the trustee whose term of office then expires 
shall be elected, and thereafter one trustee shall be elected annually. 
Said trustees shall continue in office three years, and until their suc- 
cessors are elected and enter upon the duties of their office. 

§ 7. No person shall be eligible to the office of trustee of schools 
unless 21 years of age, and a resident of the township. And where 
there are three or more school districts in any township, no two 
trustees shall reside, when elected, in the same school district, nor 
shall a person be eligible to the office of trustee of schools and school 
director at the same time. 

1. The Constitution requires that all civil officers, with exceptions that do 
not include trustees of schools, shall take and subscribe an oath before enter- 
ing upon the duties of their respective offices. Such official oath is an essential 
and necessary qualification for holding the office, and without it, the title to 
the office fails. Simojis v. The People, 18A-588. 

§ 8. Notice of the election of school trustee shall be given by the 
township treasurer, upon the order of the trustees of schools by post- 
ing notices of such election at least ten days previous to the time of 



29 

such election in not less than five of the most public places in said 
township, which notices shall specify the time and place of election 
and the object thereof, and may be in the following form, viz: 

Public notice is hereby given that on Saturday, the day of 

April, A. D , an election will be held at , be- 
tween the hours of and of said day, for the purpose of 

electing school trustees for tow^nship No , range No By 

order of the bard of trustees of said township. 



Township Treasurer. 
1. Elections for trustees should be held at the places fixed by the county 
board for holding general elections. Simons v. The People, 119-617. 

§ 9. In townships where no election for school trustees has hereto- 
fore been held, or in townships where, from any cause, there are no 
trustees of schools, the election of trustees of schools may be holden 
on any Saturday, notice thereof being given as required by section 8 
of this article. The first election in such township shall be ordered 
by the county clerk of the county, who shall cause notice to be given 
as aforesaid. 

§ 10. In case of an election held, as required by the preceding sec- 
tion, the trustees elected, at their first meeting, shall draw lots for 
their respective terms of ofiice for one, two and three years; and 
thereafter one trustee shall be elected annually, at the usual time for 
electing trustees to fill the vacancy occurring. At all elections after 
said first election, the said notice shall be given by the trustees of 
schools, through the township treasurer, as in other elections for 
trustee. 

§ 11. The trustees of schools of incorporated townships present 
shall act as judges, and choose a person to act as clerk of said elec- 
tion. If the trustees (or any of them) shall fail to attend, or refuse 
to act when present, the legal voters present shall choose from their 
own number such additional judges as may be necessary. In any 
township lying within the limits of a city, village or incorporated 
town, which has adopted the provisions cf "An act regulating the 
holding of elections, and declaring the result thereof in cities, villages 
and incorporated towns in this State," approved June 19, 1885, the 
said election shall be held under the provisions of said act. In unin- 
corporated townships, the qualified voters present shall choose, from 
amongst themselves, the number of judges required to ojpen and con- 
duct said election. 

§ 12. No person shall vote at any school election held under the 
provisions of this act, unless he possesses the qualifications of a voter 
at a general election. 

1. While this provision occurs in the article more especially relating to 
school townships and the election, qualifications and duties of township 
trustees, it is plainly intended to apply to all elections held under this act, 
except so far as modified by subsequent provisions establishing different 
rules. Misch v. Russell, 136-22. 

§ 13. The time and manner of opening, conducting and closing 
said election, and the several liabilities appertaining to the judges 
and clerks and to the voters, separately and collectively, and the 



30 

manner of contesting said election, shall be the same as prescribed 
by the general election laws of this State defining the manner of 
electing magistrates and constables, so far as applicable, subject to 
the provisions of this act: Provided, that said election may com- 
mence, if so specified in the notice, at any hour between the hours of 
eight (8) o'clock a. m., and one (1) p. m., and the judges may close 
such election at four (4) o'clock p. m. 

1. If the election of trustees of schools be held under the school law, the 
Australian ballot act does not apply, while it does apply if such trustee be 
elected at the same time as the township officers. People v. Brown, 189-619. 

3. The rule seems to be well settled that those provisions of law which fix 
the time or place of holding elections are to be construed as mandatory and 
not merely directory. Simons v. The People, 18A-588. 

§ 14. If, upon any day appointed for the election of trustees of 
schools, the said trustees of schools or judges shall be of opinion 
that, on account of the small attendance of voters, the public good 
requires it, or if a majority of the voters present shall desire it, they 
shall iDOstpone said election until the next Saturday, at the same 
place and hour, at which time and meeting the voters shall proceed 
as if it were not a postponed or adjourned meeting: Provided, that 
if notice shall not have been given of such election, as required by 
section 8 of this article, then and in that case said election may be 
ordered as aforesaid, and holden on any other Saturday, notice thereof 
being given as aforesaid. 

1. If within the time required, a sufficient number of inhabitants, qualified 
to vote, organize and hold an election, the person so elected will hold the ofiice 
of trustee, notwithstanding an adjournment of the election to a different day 
and date. A subsequent election is invalid, the power of the voters in this 
regard, having been exhausted at the regular election, at which a trustee was 
duly elected. People v. Kies, 20-474. 

§ 15. If the township treasurer shall fail or refuse to give notice 
of the regular election of trustees, as required by said section 8 of 
this article, and if, in case of a vacancy, the remaining trustee or 
trustees shall fail or refuse to order an election to fill such vacancy, 
as required by section 16 of this article, then, and in each of such 
cases, it shall be the duty of the county superintendent to order an 
election of trustees to fill such vacancies as aforesaid, and all elections 
so ordered and held shall be valid to all intents and purposes what- 
ever. 

§ 16. When a, vacancy or vacancies shall occur in the board of 
trustees of schools, the remaining trustee or trustees shall order an 
election to fill such vacancy, upon any Saturday, notice to be given 
as required by said section 8 of this article. 

§ 17. In case of a tie vote at any election of trustees of schools, the 
election shall be determined by lot, on the day of the election, by 
judges thereof. 

§ 18. In townships where, for general elections, there are more 
than two (2) polling places, the trustees shall give notice that polls 
will be opened for such elections in at least two places; in which case 
at least one of said trustees shall attend at each of said places, and 
additional judges shall be chosen as provided in section eleven (11) 



31 

o£ this article: Provided, there shall be at least one polling place 
for each 800 legal voters in said township. Should the polling 
places be in excess of the number of trustees, then the voters at such 
polling places so in excess shall select from their number the requi- 
site number of voters, who shall act as judges of said election in the 
manner provided by said section eleven (11) for the election of trus- 
tees in unincorporated townships. Said judges shall return the bal- 
lots and original poll-books, with a certificate thereon, showing the 
result of the election in said precinct, to the township treasurer of 
the township in which said election shall be held, whereupon it shall 
be the duty of the board of trustees of said township, within five days 
after said election, to meet and to canvass the returns from each pre- 
cinct, to make out a certificate showing the number of votes cast for 
each person in each precinct, and in the whole township, and shall 
file said certificate with the county superintendent of schools as other- 
wise provided by law. 

§ 19. In counties adopting township organization, in each and every 
township whose boundaries coincide and are identical with those of the 
town, as established under the township organization laws, the trus- 
tee or trustees shall be elected at the same time and in the same man- 
ner as the town ofiicers. In all such townships, if no trustees are 
elected at the stated town meeting, and when vacancies occur in the 
board, an election of trustee or trustees shall be ordered by the remain- 
ing trustee or trustees of schools, through the township treasurer, as 
provided for in section nine (9) of this article. 

1. If the election of trustees of schools be held under the school law the 
Australian ballot act does not apply, while it does apply if such trustees be 
elected at the same time as the township officers. People v. Broivn, 189-619. 

2. Section 19, article 3, of the school law which provides that trustees of 
schools shall be elected at the same time and in the same manner as town 
officers, is not repealed by section 1 of the Australian ballot act. Ibid. 

3. An election for school trustees held at the time of electing- town officers 
at the annual meeting- is not void because it does not affirmatively appear 
that the place where the election was held had been designated by the elec- 
tors at their annual meeting as the place for holding elections, where it has 
been a custom, acquiesced in for years, to hold the annual meeting and elec- 
tion at such place, and particularly w^here it is admitted that no votes were 
lost because of the location of the voting place. Ibid. 

§ 20. Upon the election of trustees ''of schools, the judges of the 
election shall, within ten (10) days thereafter, cause a copy of the 
poll-book of said election to be delivered to the county superintend- 
ent of the county, with a certificate thereon showing the election of 
said trustees and the names of the persons elected; which copy of 
the x)oll-book, with the certificate, shall be filed by said superintend- 
ent, and shall be evidence of such election. For a failure to deliver 
said copy of the poll-book and certificate within the time prescribed, 
the judges shall be liable to a penalty of not less than twenty-five 
dollars ($25.00) nor more than one hundred dollars ($100.00) to be re- 
covered in the name of the People of the State of Illinois, by action of 
assumpsit, before any justice of the peace of the county, which pen- 
alty, when collected, shall be added to the township school fund of 
the township. 



32 

1. It will be intended that the election was in the proper county, if the re 
turns are made to the school commissioner, although it does not appear from 
the body of the affidavit or the jurat of the same, the name of the county and 
state in which such election was held. People v. Kies, 20-474. 

2. A poll-book which shows the returns of an election for trustees of schools 
of a town, by name, may be properly admitted in evidence, when it is proven 
that the town so named and the congressional township were the same terri- 
tory, and that the township was called by such name, and that the former 
trustees of that township had ordered that the school business of that town- 
ship should be done in the name of such town. Ibid. 

§ 21. When school trustees are elected at town meetings, as pro- 
vided in section nineteen (19) of this article, it shall be the duty of 
the county clerk, as soon as the list of the names of officers elected at 
the town meetings is filed with him, to give to the county superin- 
tendent a list of the names of all school trustees elected at the town 
meetings of the county, and of the towns for which they are elected.. 

§ 22. Within ten days after the annual election of trustees, the 
board shall organize by appointing one of their number president,, 
and some person who shall not be a director or trustee, but who shall 
be a resident of the township, treasurer, if there be a vacancy in this 
office who shall be ex officio clerk of the board. 

1. The statute makes the treasurer ex officio clerk of the board of trustees. 
He is the keeper of their records, and is intimately associated with them in 
the performance of their official duties. It is highly important to the trus- 
tees, that the person selected should be not only capable of discharging 
efficiently the duties of clerk, but also a man of approved integrity. A large 
discretion should be indulged to the trustee in the appointment of their 
treasurer, and where a selection has been made, but before they have been 
notified of an acceptance of the trust by the appointee, and before a bond has- 
been presented, they may rescind their action and make another appointment. 
People v. Trustees of Schools, 43A-60. 

§ 23. The president shall hold his office for one year, and the treas- 
urer for two years, and until their successors are appointed, but either 
of said officers may be removed by the board for good and sufficient 
cause. 

1. The statutes gives the board of trustees the power to remove a treasurer 
for proper cause. The appointment of another and the approval of his bond, 
amounts to a removal of the treasurer from that office. Holbrook v. Trustees 
of Schools, 22-539., 

§ 24. It shall be the duty of the president to preside at all meet- 
ings of the board and it shall be the duty of the clerk to be present at 
all meetings of the board, and to record in a book to be provided for 
the purpose all their official proceedings, which book shall be a pub- 
lic record, open to the inspection of any person interested therein „ 
All of said proceedings when recorded shall be signed by the presi- 
dent and clerk. If the president or clerk shall be absent or refuse to 
perform any of the duties of his office at any meeting of the board,, 
a president or clerk pro tempore may be appointed. 

§ 25. It shall be the duty of the board of trustees to hold regular 
semi-annual meetings on the first Mondays of April and October, and 
special meetings may be held at such other times as they think proper. 
Special meetings of the board may be called by the president or any 
two members thereof. At all meetings two members shall be a. 
quorum for business. 



83 

1. When a body of men are referred to as having power to decide a question, 
it is always understood, unless otherwise expressly declared, that the majority 
shall decide. Tnistces of Schools v. Allen, 21-120. 

2. The law constitutes two members of the board a quorum to transact 
business. And when they concur in any act, which the board may legally 
perform, the act is as legally binding as if all w^ere present. When the Legis- 
lature designated that number as a quorum for the transaction of business, it 
conferred upon them full power to perform all the duties devolving upon the 
board. Where their action is illegal, it purports to be regular and must be 
held binding until vacated by certiorari or some other direct proceeding. 
Schofleld V. WatMns, 22-66. 

§ 26. At the regular semi-annual meetings on the first Mondays of 
April and October, the trustees shall ascertain the amount of State, 
county and township funds on hand and subject to distribution, and 
shall apportion the same as follows: 

First — Whatever sum may be due for the compensation and the 
books of the treasurer, and such sum as may be deemed reasonable 
and necessary for dividing school lands, making plats, etc. 

Second — And the remainder of such funds shall be divided among 
the districts, or fractions of districts, in which schools have been 
kept in accordance with the provisions of this act and the instruc- 
tions of the State and county superintendents during the ]3receding 
year ending June 30, in proportion to the number of children under 
twenty-one (21) years of age in each. 

1. Trustees of schools are public officers, vested with the power to deter- 
mine to what district money collected for school purposes shall belong. The 
school directors of one district cannot refuse to receive the money thus or- 
dered by the board of trustees to be paid to them; by receiving it, they do not 
become liable to an action by another district claiming- it. If another district 
has any action, it must be against the trustees of the township. School Di- 
rectors V. School Directors, 36-140. 

§ 27. The funds thus ajpportioned shall be placed on the books of 
the treasurer to the credit of the respective districts, and the same 
shall be joaid out by the treasurer on the legal orders of the directors 
of the proper districts in the same manner as other funds of the dis- 
trict are paid out. 

§ 28. The board of trustees of each township in this State shall 
prepare, or cause to be prepared, by the township treasurer, the clerk 
of the board, the directors of the several districts, or other person, 
and forward to the county superintendent of the county in which the 
township lies, on or before the 15th day of July, preceding each regu- 
lar session of the General Assembly of this State, and at such other 
times as may be required by the county superintendent, or by the 
State Superintendent of Public Instruction, a statement exhibiting 
the condition of schools in their res^Dective townships for the preced- 
ing biennial period, giving separately each year, commencing on the 
first day of July and ending on the last of June, which statement 
shall be as follows: 

First — The whole number of schools which have been taught in 
each year; what part of said number have been taught by males ex- 
clusively; what part have been taught by females exclusively; what 

3— S L 



34 

part of said whole number liave been taught by males and females at 
the same time, and what part by males and females at different 
periods. 

Second — The whole number of scholars in attendance at all the 
schools, giving the number of males and females separately. 

Third — The number of male and female teachers, giving each sep- 
arately; the highest, lowest, and average month compensation paid 
to male and female teachers, giving each item separately. 

Fourth — The number of persons under twenty-one years of age, 
making a separate enumeration of those above the age of twelve years 
who are unable to read and write, and the cause or causes of the neg- 
lect to educate them. 

Fifth — The amount of the principal of the township fund; the 
amount of interest of the township fund paid into the township 
treasury; the amount raised by ad valorem, tax and the amount of 
such tax received into the township treasury, and amount of all other 
funds received into the township treasury. 

Sixth — Amount paid for teachers' wages; the amount paid for 
school house lots; the amount paid for building, repairing, purchas- 
ing, renting and furnishing school houses; the amount paid for 
school apparatus, for books and other incidental expenses for the use 
of school libraries; the amount paid as compensation to township 
officers and others. 

Seventh — The whole amount of the receipts and expenditures for 
school purposes, together with such other statistics and information 
in regard to schools as the State Superintendent or county superin- 
tendent may require. And any township from which such report is 
not received in the manner and time required by law, shall forfeit its 
portion of the public fund for the next ensuing year: Provided, that 
upon the recommendation of the county superintendent, or for good and 
sufficient reasons, the State Superintendent may remit such forfeiture. 

1. The law^ reqiiires this report or statement to be made, and points out 
specifically what it shall contain. Any township failing to make such report, 
shall forfeit its portion of the distributive fund for^.the^next^ensuing year. 
Pace V. The People, 47-321. 

§ 29. In all cases where a township?is, or shall be divided by 
county line or lines, the board of trustees of such township shall 
make or cause to be made separate enumerations of male and female 
persons of the ages as directed by section 28 of this article, designat- 
ing separately the number residing in each of the counties in which 
such township may lie, and forward each respective number to the 
proper county superintendent of each of said counties; and in like 
manner, as far as practicable, all other statistics and information 
enumerated and required to be reported in the aforesaid section, 
shall be separately reported to the several county superintendents; 
and all such parts of said statistical information as are not suscep- 
tible of division and are impractible to be reported separately, shall 
be reported to the county superintendent of the county in which the 
sixteenth section of such township is situated. 

§ 30. At each semi-annual meeting, and at such other meetings as 
they may think proper, the said township board shall examine all 



35 

books, notes, mortgages, securities, papers, moneys and efPects of the 
corporation, and the accounts and vouchers of the township treasurer, 
or other township school officer, and shall make such order thereon 
for their security, preservation, collection, correction of errors, if any, 
and for their proper management, as may seem to said board neces- 
sary. 

1. These duties of the board of trustees, as prescribed by the statute, are 
designed to protect and g•^^ard not only a public fund, but in addition thereto, 
a duty prescribed by statute as the duty of the treasurer with reference to 
that fund; the trustees are g-iven a supervisory power and right and a duty in 
reference to the treasurer's management of that fund. The statute which 
prescribes these duties and rights is a public law of which all persons must 
take notice. Trustees of Schools v. Southard, 31A-359. 

2. The treasurer is appointed by the board of trustees, and it is made his 
duty to lend school moneys, to collect, to safely keep funds, and discharge 
other duties prescribed by the statute. While an officer appointed by the 
board of trustees, his duties are prescribed by the statute and no power can 
authorize him to neglect or violate those duties. There is a certain super- 
visory control exercised by the board of trustees in pursuance of the statute. 
The treasurer must account semi-annually to the trustees, and lay before 
them all books, notes, bonds, mortgages and all other evidences of indebted- 
ness belonging to the township. Ibid. 

§ 31. The trustees of schools in each towns hip in the State may 
receive any gift, grant, donation or devise made for the use of any 
school or schools, or library, or other school purpo ses within their 
jurisdiction, and they shall be and are hereby inves ted, in their cor- 
porate capacity, with the title, care and custody of all school houses 
and school house sites: Provided, that the supervision and control 
of such school houses and school house sites shall be vested in the 
board of directors of the district. 

1. The donation of a site for a school house is a donation for a charitable 
use, and equity will supply all defects in the conveyance. Price v. School Di- 
rectors, 58-453. 

2. School directors are given the control and management of school houses 
and sites, but the title to such property is vested in the board of trustees. 
The board of directors as such, cannot bring suit to compel an ow ner to con- 
vey the fee. A suit for such purpose can be maintained only in nam e of trus- 
tees of schools. The law invests the school directors w ith no such interest. 
Wilson V. School Directors, 81-180. 

3. A school house is built by and for the public. Children of a district have 
a right to go to and return home from the school house, and to travel over 
the land of another until a highw ay is provided. Permission to pass over 
owner's land for several years, am cunts to a licerse requiring notice to re- 
voke. Wilso7i v. Oarrard, 59-51; Kiehna v. Manslier, 178-17. 

4. When a school site is conveyed for school purposes, its use is not re- 
stricted to any special purpose. It may be occupied as a school site or it may 
be rented and the rents received applied to the general school purposes of the 
district. If sold, the site would be used for other than schoo 1 purposes. This 
would amount to a perversion. Trustees of Schools v. Braner , 71-546; Eldridge 
V. Trustees of Scliools, 111-576. 

5. Although the title to school property is vested in the board of trustees, 
school directors in the actual occupancy of a horse when a trespass is com- 
mitted, may maintain an action of trespass. Barber v. Tinttces of Schools, 5]- 
396; Alderman v. School Directors, 91-179. 

6. A devise of lands to 'the school' of a specified town, to be held in trust 
for the piirpose of constituting a fund to defray the expenses of teaching re- 
ligion and morals, does not vest the title in the townsliip trustees and their 



36 

successors under the act of 1841, then in force, which did not provide that 
the title of all lands given for school purposes should be so held. Trustees of 
ScJiools V. Petefish, 181-255; Heuser v. Harris, 42-425. 

7. The supervision and control of school houses is expressly vested in the 
directors. When one director assumes exclusive individual control of the 
school house of the district, and is engaged in raising it from the foundation, 
with the intention of removing it from its site, the restraining power of the 
court may be invoked by the other directors, as this is a clear interference 
with the right given the board of directors to its control. It is true that the 
trustees of schools are vested with the title, care and custody, but it is the 
control of the school house that is here involved, and that is vested in the di- 
rectors. Ruble V. School District, 42A-483. 

8. The trustees of schools are invested in their corporate capacity with the 
title, care and custody of all school houses and school house sites within their 
respective townships. All conveyances of real estate are made to them in 
their corporate capacity, and they are to sell and convey sites which have be- 
come unsuitable, unnecessary or inconvenient. School directors are given 
the control and supervision of school houses in their respective districts, and 
may decide when a school house site may become unnecessary, unsuitable or 
inconvenient. They are authorized to agree upon or detei'mine the compen- 
sation to be paid for a school house site with the parties interested in the 
land, and in case of failure they may proceed to have such compensation de- 
termined in the manner which may be at the time provided by law for the ex- 
ercise of the right of eminent domain. Bariks v. School Directors, 194-247. 

§ 32. When, in the opinion of any board of directors, the school 
house site or any buildings have become unnecessary or unsuitable 
or inconvenient for a school, the board of trustees, on x3etition of a 
majority of the voters of the district, shall sell and convey the same 
in the name of the said board, after giving at least twenty days' 
notice of such sale by posting up written or printed notices thereof, 
particularly describing said property, and the terms of sale, which 
notice may be in the following form, viz: ' 

Public notice is hereby given that on the day of , A. D. 

, the trustees of schools of township No , range No , will 

sell at public sale, on the premises liereinafter described, between the hours 
of 10:00 o'clock a. m. and 3:00 o'clock p. m. , the school house situated on the 
school house site, known as (here describe the site by its number, commonly 
known name, or other definite description,) and located in the (here describe 
its place in the section,) which sale will be made on the following terms, to- 
wit: (Here insert as "one third of the purchase money cash in hand, and 
the balance in two equal payments, due in one and two years from day of 
sale, with interest at the rate of per cent from date.") 

A B 

C D 

E F 

Trustees. 

And the deed of conveyance of the property so sold shall be exe- 
cuted by the president and clerk of said board, and the proceeds of 
such sale shall be paid over to the township treasurer, for the benefit 
of said district. 

1. This section confers a power to be exercised when changed conditions 
have rendered a site once chosen by the voters unsuitable or inconvenient 
in the opinion of the board, and the power given in such case is to take the 
initative for the choice of another site by calling an election and submitting 
the question to the voters. A change in the center of population, or other 
conditions, may occur, and the language of the statute implies some such 



37 

change in condition which will authorize action by the board, and not a 
refusal to carry out the will of the voters. Kiehna v, Mansker, 178-15; 
Kiehna v. Mansker, 77A-508, reversed. 

2. School directors cannot annul an election changing a school site, repu- 
diate the site chosen and call an election to vote on the question of building a 
new school house on the old site, discarded at the first election, merely be- 
cause the new site is some distance from a highway. Ibid; School Directors v. 
The People, 90A-670. 

§ 33. All conveyances of real estate whicli may be made to said 
board, shall be made to said board in their corporate name, and to 
their successors in office. 

1. Where a site has been conveyed by a sufiicient deed to the township 
trustees, for the use of such district, and the deed of conveyance contained a 
condition that in case said land should not be used for a school house site it 
shall revert back to the g'rantor, his heirs and assigns, and "where the build- 
ing after having been occupied by the district for a number of years, w^as 
used as a dw^elling by the tenant of the grantor without the consent of the 
school authorities, it is held that such facts do not show an abandonment of 
the premises for school purposes. Barber v. Trustees of Schools, .51-396. 

§ 34. The township board shall cause all moneys for the use of 
the townships and districts to be i3aid over to the township treasurer, 
who is hereby constituted and declared to be the only lawful depos- 
itary and custodian of all township and district school funds. They 
shall have power also to remove the township treasurer, at any time, 
for any failure or refusal to execute or comply with any order or 
requisition of said board, legally made and entered of record, or for 
other improper conduct in the discharge of his duty as treasurer. 
They shall also have power for any failure or refusal as aforesaid to 
sue him upon his official bond and recover all damages sustained by 
the said board in its corporate capacity, by reason of such neglect or 
refusal as aforesaid. 

1. This language indicates the purpose to charge the treasurer with a 
specific trust. It is not used with reference to any other involuntary corporate 
fund. It is a trust fund. It is appropriated to a specific purpose by law, 
and until so devoted, there is no authority to divert it. In such cases the 
-statute of limitations does not apply, because the fund is, by law, appro- 
priated to a specific purpose, to be used by a named agency of the vState. 
Trustees of Schools v. Arnold, 58A-103. 

3. The rule seems to be general and well settled by authority, that so long 
as the duties of the trustee remain undischarged, the trustee cannot avail of 
the statute of limitation for his defense. No distinction has been made 
between a suit on bond and a suit on a statutory liability. As to any school 
fund in the hands of the treasurer, pleas of the statute of limitations are not 
Ts^ell pleaded. Ibid. 

3. School directors, when authorized by a vote of the people of the district, 
may borrow money for certain enumerated purposes, on terms prescribed by 
the statute, and when obtained, it is their duty to pay it over to the treasurer, 
who is the only proper custodian. Should they place it in the hands of any 
one else, it is at their own risk. Adams v. State of Illinois, 82-132. 

4. As a general rule, money in the custody of the law, or in the hands of 
an officer of the law, is not liable to be reached by garnishee process. Money 
in the hands of school directors or their treasurer, is not liable to garnish- 
ment. The reason is that the money or px-operty is in the custody of the law, 
and while it so remains it is not the property of the debtor, to satisfy whose 
debt the process is instituted. Nor is such officer his debtor. While the 



08 

money is in the hands of the officer the law may control it, and preventing- 
its ever reaching the hands of the person whose debt is thus sought to be 
satisfied. MUlison v. Fisk, 43-112; Bivens v. Harper, 59-31. 

§ 35. The township trustees are hereby vested with general power 
and authority to purchase real estate, if in their opinion the interests 
of the township fund will be promoted thereby, in satisfaction of any 
judgment or decree wherein the said board or the county superin- 
tendent are plaintiffs or complainants; and the title of such real 
estate so purchased shall vest in said board for the use of the inhabit- 
ants of said township, for school purposes. 

1. Where money is lent by school officers on mortgage security, the trus- 
tees of schools have the right to purchase lands at a sale made in foreclosure 
proceedings. Trustees of Schools v. Arnold, 58A-103. 

§ 36. The board of trustees are hereby vested with general power 
and authority to make all settlements with persons indebted to them 
in the ir official capacity ; or to receive deeds to real estate in com- 
promise; and to cancel, in such manner as they may think proper, 
notes, bonds, mortgages, judgments and decrees, existing or that may 
hereafter exist, for the benefit of the township, when the interest of 
said township, or of the funds concerned shall, in their opinion, re- 
quire it; and their action in the premises shall be valid and binding. 

§ 37. The board of trustees are hereby authorized to lease or sell 
at public auction, any land that may come into their possession in 
the manner provided for in either of the two preceding sections in 
such manner and on such terms as they may deem for the interests 
of the townships: Provided, however, that in all cases of sale of 
such land, the sale shall be either at the door of the court house, 
where judicial sales of land are usually made, or else on the premises 
to be sold, as the trustees may order or direct. And, provided, 
further, that in all cases of sale of land, as provided in this section, 
the sale shall be made in the manner provided for sale of the six- 
teenth section by section 14 of article 13 of this act. 

1. Where a deed is made by the trustees of schools of the first part, and 
they by the same discretion, as parties, relinquish the right of homestead and 
covenant to warrant the title for themselves and their successors in office, 
although signed individually, where there is proof these persons were the 
trustees of the township who had owned, and then claimed to own the land 
and it appears, beyond all doubt, that the intention was to convey the land, 
and to do so as trustees — as officers of the corporation, such deed, if it does 
not pass the legal, it unquestionably passes the equitable title. If the grantor 
holds the equitable fee, in a court of chancery he will be treated as the owner 
in fee. Hemstreet v. Burdick, 90-444. 

§ 38. Upon petition of not less than fifty voters of any school 
township, filed with the township treasurer, at least fifteen days pre- 
ceding the regular election of trustees, it shall be the duty of said 
treasurer to notify the voters of said township that an election "for" 
or "against" a township high school will be held at the next regular 
election of trustees, by posting notices of such election in at least ten 
of the most public places throughout such township, for at least ten 
days before the day of such regular election, which notices may be in 
the following form, viz: 



39 

High School Election. 

Notice is hereby given that on Saturday, the day of April, 

A. D an election will be held at for the purpose of 

voting- "for" or "against" the proposition to establish a township high school 

for the benefit of township number , range number The polls for 

said election will be opened at and closed at o'clock of said day. 

A B , 

Township Treasurer. 

Provided, that when any city in this State, having a population of 
not less than one thousand and not over one hundred thousand inhab 
itants, lies within two or more townships, then that township in which 
a majority of the inhabitants of said city reside shall, together with 
said city, constitute a school township under this act for high school 
purposes: And, provided, further, that whenever any congressional 
township in any county under township organization shall contain 
two political towns, the dividing line between which is a navigable 
stream of water, as recognized by the United States, each of which 
shall contain a city of not less than one thousand nor more than one 
hundred thousand inhabitants, then and in that case each of the said 
towns shall constitute a high school township under this act for high 
school purposes: And, provided, further, that where two such po- 
litical towns, each being a part of one congressional township, the 
dividing line between which is a navigable stream of water, as recog- 
nized by the War Department of the United States, shall have here- 
tofore established a township high school, either of said political 
towns may file a petition signed by not less than one-tenth of the 
voters of such political town as shown by the vote of the last general 
election at any time with the township treasurer of such congressional 
township for an election to be held in such political town for the pur- 
pose of voting "for" or "against" discontinuing the township high 
school as to such political town. Within ten days after the filing of 
a petition as aforesaid, it shall be the duty of such township treasurer 
to post the notices for an election to be held according to the prayer 
of such petition. And if a majority of the votes cast at such election 
shall be for discontinuing the township high school as to such politi- 
cal town the same shall be discontiued as to such political town and 
such political town shall be relieved from further assessment of taxes 
for the maintenance of said township high school: Provided, that 
no such political town shall be relieved from payment of bonds and 
interest thereon which may have been issued for payment of school 
buildings. (As amended by an act approved April 29, 1905.) 

1. The proper construction of the first provisio is, that so much of the city 
as is outside of the tow^nship in which a majority of the inhabitants of said 
city reside, shall be attached to that to^vnship and such township so enlarged, 
shall constitute a school township for high school purposes. Trustees of 
Schools V. The People, 61A-131; Trustees of Schools v. The People, 161-146. 

2. Under the statute, where a city having a population of not fewer than 
1,000 nor more than 100,000 inhabitants lies in two townships, that township 
in vehich a majority of the inhabitants of the city reside, together with the 
city, constitutes a school township for township high school purposes. People 
V. Bruennemer, 168-482. 



40 

3. When, by the provision of a special charter, a city is erected into a school 
township as well as a school district, there is no reason why the special pro- 
visions of the charter should prevent the operation of the general statute. 
Trustees of Schools v. The People, 61 A -131. 

4. The fact that a city has been created a special school district by an act 
of the Legislature, and maintains a high school, does not take the city out of 
the operation of section 38, article 3, of the general school law relating to the 
establishment of township high schools. People v. Bruennemer, 168-483. 

5. The declaration by a city charter that the city shall constitute a school 
district does not take it out of the provision of the school law of 1889, that a 
city including territory which is a part of two townships, with the township 
in which the majority of its inhabitants reside, shall be a school township for 
liigh school purposes. Trustees of Schools v. The People, 161-146; Trustees of 
Schools v. The People, 61A-131, affirmed. 

6. The petition required by the school law to be filed with the township 
treasurer for the establishment of a high school is properly filed with the 
treasurer of a township in which the majority of the inhabitants of a city 
lying in two townships reside. Ibid. 

7. The petition required by law to be tiled with the township treasurer to 
procure the establishment of a high school is simply a request, and need not 
be in any particular form, and is not insufficient when filed with the proper 
officer because addressed to him as treasurer of a township erroneously 
designated. Ihid. 

8. It is proper to address the petition to the township treasurer and, upon 
such petition being duly presented, it is his duty to call the election. It is 
the duty of the trustees to conduct, canvass and declare the result of the 
election. Such petition will not be rendered invalid on account of mis- 
description. Trustees of Schools v. The People, 61A-131. 

9. A proceeding by quo tvarranto to determine v^^hether a township high 
school district has been legally organized involves a franchise, and an appeal 
from a decision therein lies directly to the Supreme Court. People v. Bruen- 
nemer, 168-483. 

10. A proceeding by quo warranto to determine the legality of the organi- 
zation of a township high school district is properly brought against the in- 
dividuals who assume to exercise the corporate powers of the to^vnship high 
school board. Ibid. 

11. In quo warranto proceedings the whole burden is upon the defendant to 
prove good title to the franchise involved and lawful authority for the exer- 
cise of the corporate powers assumed. The people are not required to show 
anything. Ibid. 

13. An election to determine M^hether or not a township hig-h school shall 
be established is properly held under the general school law, and not under 
the g-eneral election law of 1891 known as the Australian ballot act. People 
V. Coivden, 160-557. 

13. The Australian ballot act was not intended to apply to an election to 
vote for or against the proposition to establish a township high school, nor a 
special election to vote on the proposition to issue bonds of the township for 
the purpose of constructing a high school building. If the law relating to 
such elections, as provided by the school law of 1889, is to be held repealed 
by the Australian ballot act, it must be by implication. Repeals by implica- 
tion are not favored. A prior statute will be held as repealed by implication 
by a subsequent one, unless the provisions of the two are so inconsistent and 
and repugnant that they can not stand together. Rankin v. Coivden, 66A-137; 
People V. Cowden, 160-557. 

14. The Australian ballot act is a general law, while the school law relat- 
ing to township high school elections is special and relates to only one sub- 
ject. The presumption that the legislature, by a general law, does not intend 
to afl'ect the provisions of a prior act relating to a special subject, prevails, 
unless that intention is manifested in express language, or there is something 
which shows that the intention of the legislature was turned toward the 

; special act with the intention of embracing the special cases within it. Ibid 



41 

15. An election for or against the establishment of a township high school 
is a special election called by the township treasurer upon the petition of 
fifty legal voters of the township. Tlie fact that such election is held at the 
same time and place as that at wliich trustees of schools are elected, does not 
when such election is held on the annual town meeting day, make it a part of 
the township election. It remains a special election, is conducted by the 
township trustees under the school law, and not under the Australian ballot 
act. People v. Broivn, 189-619. 

16. Women are not entitled to vote on a proposition for the establishment 
of a township high school. The Constitution does not authorize women to 
vote. The only electors therein provided for are men. It is only in cases 
where the Constitution contains no provision as to the mode in which an elec- 
tion shall be held and as to the qualifications of an elector thereat, that the 
Legislature can confer suffrage on women. People v. Welsh, 70A-641. 

§ B9. The ballots for such election shall be received and canvassed 
as in other elections, and may have thereon the name of the person 
or persons whom the voter desires for trustee or trustees. 

§ 40. If a majority of the votes at such election shall be found to 
be in favor of establishing a township high school, it shall be the 
duty of the trustees of the township to call a special election on any 
Saturday within sixty days from the time of the election establishing 
the township high school, for the purpose of electing a township 
board of education, to consist of live members, notice of which elec- 
tion shall be given for the same time and in the same manner as pro- 
vided for in the election of township trustees. The members elected 
shall determine by lot, at their first meeting, the length of term each 
is to serve. Two of the members shall serve for one year each, two 
for two years, and one for three years from the second Saturday of 
April next preceding their election. Whenever a >^acancy occurs (except 
by death or resignation), a successor or successors shall be elected, 
each of whom shall serve for three years, which subsequent election 
shall be held on the same day and in the same manner as the election 
of township trustees. In case of vacancy from other cause than the 
expiration of the term of office, the board shall call an election with- 
out delay, which election may be held on any Saturday, notice of 
which shall be given for the same time and in the same manner as 
for the election of township trustees. Within ten days after their 
election the members of the township board of education shall meet 
and organize by electing one of their number president, and by elect- 
ing a secretary. It shall be the duty of the township board of educa- 
tion to establish at some central point most convenient to a majority 
of the pupils of the township, a high school for the education of the 
more advanced pupils. 

]. The school law, although consisting of different articles and sections, 
must be construed as one entire act. Gh^eenioood v. Q-melich, 175-526. 

3. A township board of education, created by section 40, article 3, has no 
power to purchase a high school site, or erect a high school building-, or levy 
a tax to raise money for these purposes without a vote of the people. The 
power of the township board in this regard is assimilated in all respects to 
the power conferred by the statute upon the board of directors of a school 
district; and the power can only be exercised upon the same conditions and 
subject to the same restrictions as are imposed upon such directors. Ibid; 
Ziesing v. Matthieson, 79A-560. 

3. By the terms of section 40 it is made the duty of the township board of 
education to establish a high school and to establish it at some central point 



42 

most convenient to a majority of the pupils. But this is a duty imposed upon 
it without specification as to the manner in which the duty is to be performed. 
Section 41 is designed to indicate how that duty shall be discharged. The 
fact, that the board of education is authorized to establish the school at some 
convenient central point, does not necessarily authorize it to buy a particular 
site for such amount as it may, in its judgment, choose to expend; nor does 
it authorize it to erect a school building at such a cost as, in its judgment, 
seems proper. The voters must be consulted in relation to this matter, and 
it cannot and should not be left solely to the discretion of the township 
board of education. Ibid. 

4. The object of the Legislature was simply to increase the facilities for ac- 
quiring a good education in free schools. A high school thus established 
cannot be controlled for the benefit of some to the exclusion of others. All 
children in the township, within the prescribed ages for admission to the 
public schools, have equal rights of admission to the high school when they 
are sufficiently advanced to need its instruction. Every tax payer contributes 
to its maintenance, and there should be no arbitrary regulation to prohibit 
the enjoyment of its benefits, in equal degree by all. It should be under- 
stood that its purpose is the teaching of more advanced branches than those 
taught in the district school. To insist that the same studies should be pur- 
sued there as in the district school, would be to defeat the purpose of its cre- 
ation. Trustees of ScIumjIs v. The People, 87-303. 

5. Under the power to prescribe the necessary rules and regulations for the 
management and government of the school, the board may, undoubtedly, re- 
quire classification of the pupils with respect to the branches of study they 
ai'e respectively pursuing, and vs^ith respect to proficiency or degree of 
advancement in the same branches; that there shall be prompt attendance, 
diligence in study, and proper deportment. All regulations or rules to these 
ends are for the benefit of all, and promotive of the interests of all. Ibid. 

6. No attempt has hitherto been made in this State to deny, by law, all 
control by the parent over the education of his child. On the contrary, the 
policy of the law has ever been to recognize the right of the parent to de- 
termine to what extent his child shall be educated during minority. The 
policy of the school law is only to withdraw from the parent the right to 
select the branches to be studied by the child, to the extent that the exercise 
of that right would interfere with the system of instruction prescribed for the 
school, and its efficiency in imparting education to all entitled to share in its 
benefits. Ibid. 

7. No particular branch of study is compulsory upon those w^ho attend 
school, but schools are simply provided by the public in which prescribed 
branches are taught, which are free to all within the district between certain 
ages. * 'T -x * Conceding that all the branches of study decided to be 
taught in the school shall not necessarily be pursued by every pupil, it cannot 
in anywise prejudice the school, if one branch rather than another be omitted 
from the course of study of a particular pupil. Ibid. 

8. This section provides that where the legal voters of the township have 
decided in favor of the proposition at an election held for that purpose, a 
high school shall be established in the township for the education of the more 
advanced pupils. A school of this character is certainly a free school, within 
the meaning of the Constitution. Free schools may be graded and classified, 
as the spirit of the Constitution contemplates the creation of a thorough and 
efiicient system of free schools. That one school may be denominated a high 
school, and another in the township a district school, cannot affect the ques- 
tion in the least. Richards v. Raymond, 92-612. 

9. No definition of a common school is given or specified in the Constitu- 
tion, nor does that instrument declare what course of studies shall constitute 
a common school education. The phrase a common school education is one not 
easiJy defined. One might say that a student instructed in reading, writing, 
geography, grammar and arithmetic had received a common school education, 
while another who had more enlarged notions on the subject might insist 



43 

that history, natural philosophy and algebra should be included. It would 
be almost impossible to find two persons who would in all respects agree in 
regard to what constituted a common school education. Ihid. 

10. At the time of the adoption of the Constitution there w^as a wide differ- 
ence of opinion in different parts of the State as to what constitutes a common 
school education. A constitution which would have impaired, in any degree, 
the free high school system in existence "would not have received the approval 
of the voters of the State. While the Constitution has not defined what a 
good common school education is, and has failed to prescribe a limit, it is no 
part of the duty of the courts to declare by judicial construction, what par- 
ticular branches of study shall constitute a common school education. This 
is a proper question for the determination of the Legislature. Ibid. 

§ 41. For the purpose of building school houses, supporting the 
school and paying other necessary expenses, the territory for the 
benefit of which a high school is established under any of the pro- 
visions of this act, shall be regarded as a school district, and the 
board of education thereof shall have the power and discharge the 
duties of directors of schools for such district in all respects. (As 
amended by act approved May 11, 1901.) 

1. The language of this section which gives to the board of education the 
power and enjoins upon it the duties of directors of schools for such districts 
in all respects means that, as to such school, it shall have precisely the same 
powers and exercise the same duties that district directors have and exercise 
with respect to district schools. Fisher v. The People, 84-491; Trustees of 
Schools V. The People, 87-303; Richards v. Raymond, 92-612. 

2. The unauthorized purchase \>y a township board of education of the site 
for a high school is ratified where the electors vote, at an election called for 
that purpose, to build a school house on the site so purchased, and to issue 
bonds for that purpose. Board of Edxication v. Carolan, 182-119; Carolan v. 
Board of Education, 81A-359, reversed. 

3. That members of the board of education were not notified of the meet- 
ing at which an election was called to vote on a proposition to build a school 
house and issue bonds in payment of it, does not invalidate the election, 
where the meeting was a stated one, provided for by a regular order. Ibid. 

4. But one polling place need be fixed in a high school district for an elec- 
tion to determine whether a ne'w school building shall be constructed and 
bonds issued in payment. Ibid. 

5. The notices of an election to determine whether a high school building 
shall be erected and bonds issued therefor, are not invalid because two of the 
members of the board sign as president and secretary respectively, instead 
of as individual diiectors. Ibkl. 

6. By section 41, the township board of education is given the same power, 
which is conferred upon the directors of a school district, and is required to 
discharge the same duties, which the directors of a school district are re- 
quired to discharge, so far as relates to the building of a school house, sup- 
porting the school, and paying other necessary expenses. The power and the 
duties of the township board of education, being the same as those of the 
directors of the school district, must necessarily be subject to the same 
restrictions. Gh'eenwood v. Omelich, 175-526. 

§ 42. Two or more adjoining townships, or two or more adjoin- 
ing school districts, whether in the same or different townships, may, 
upon like petition as required for township high schools, signed by 
at least fifty (50) legal voters in each of said townships or school 
districts — and where any such school district contains less than 150 
voters, then such petition shall be signed by at least one-third of the 
legal voters of such district — and upon an affirmative vote in each of 



44 

such townships or districts, at an election held pursuant to the pro- 
visions of section 88 of this act, establish and maintain in the same 
manner as in this act, it is provided for township high schools, a 
high school for the benefit of the inhabitants of the territory de- 
scribed in such petition, and the inhabitants of any territory com- 
posed of parts of adjoining townships who are now maintaining a 
high school and who have elected a board of education, may create 
such territory a high school district by a petition of fifty (50) legal 
voters of such district and by an alfirmative vote in such district, 
and may elect a board of education therefor as in other high school 
districts. All such high schools may be discontinued in the same 
manner as township high schools: ProvicZed, that any school dis- 
trict having a population of at least two thousand (2,000) inhabi- 
tants may, in the same manner as herein provided for establishing 
and maintaining a towaship high school, establish and maintain a 
high school for the benefit of the inhabitants of such school district, 
and elect a board of education therefor, with the same powers hereby 
conferred on township boards of education. All attempted high school 
districts in which the inhabitants are maintaining a high school, and 
have in good faith elected a board of education substantially as herein 
required, are hereby declared to be valid and lawful high school dis- 
tricts and the board of education elected therefor legal boards of 
education. (As amended by act approved May 11, 1901.) 

1. If a township high school is organized under this section from two or 
more adjoining townships, or two or more adjoining school districts in the 
same or diiferent townships, a board of education may be elected for such 
high school district, with power to levy necessary taxes to build the school 
house and support the school. Gale v. Knopf, 193-245; Gh^eeley v. The People, 
194-550. 

2. Any school district having at least two thousand inhabitants may estab- 
lish and maintain a high school for the benefit of such school district. In so 
doing it exercises a power which it already had, the only difference being 
that the high school is in charge of a different board of education. There is 
no warrant for saying that when a district establishes a hig-h school it be- 
comes two districts, the one within and co-extensive with the other or the 
one superimposed upon the other. It is within the power of the Legislature 
to provide for the establishnaent of a high school under the control of a board 
of education elected for that purpose, but it cannot, by multiplying the 
boards of education in the same territory, authorize the district to incur in- 
debtedness beyond the constitutional limit. Russell v. High School Board of 
Education, 212-327. 

3. The establishment of a high school by a school district under the con- 
trol of a different board of education is a mere division of existing powers of 
the district between the two boards of education. What the new board of 
education can do, the district was already authorized to do throug-h the exist- 
ing board of education. If the Legislature, by authorizing- a school district 
to establish a high school, can also authorize it to incur indebtedness beyond 
the constitutional limit, it could get rid of all the restrictions of the Consti- 
tution by authorizing the management of each grade or department of the 
public schools by a different board of education, with different buildings. 
Such a construction of our Constitution has never been adopted. Ibid. 

§ 43. When any township, townships or parts of townships shall 
have organized a high school and wish to discontinue the same, upon 
petition of not less than a majority of the legal voters of said town- 
ship, townships or parts of townshiiDS, filed with the township treas- 



45 

urers of said townships at least fifteen days preceeding the regular 
election of trustees, it shall be the duty of said treasurers to notify 
the voters of the township, townships or parts of townships, that an 
election will be held on the day of said regular election of trustees 
for the purpose of voting "For" or "Against" discontinuing the town- 
ship high school, which notice shall be given in the same manner, 
and for the same length of time, and may be in substantially the 
same form, as the notice provided for in section B8 of this article: 
Provided, that any township where a creek or river divides the same 
and it has been divided into towns with such creek or river as a 
boundary line between them, and each of said towns contains a city, 
and an election has been held in such township, and carried in favor 
of establishing a township high school, a site for which has been 
selected in one of said towns, and other proceedings had thereon, a 
petition, signed by not less than one-fourth of the voters of such 
township, as shown by the vote of the last general election, may be 
filed at any time with the township treasurer of said township for an 
election, for the purpose of voting "For" or "Against" discontinuing 
the township high school as to the town in which the site is not 
located. Within ten days after the filing of the petition, as aforesaid, 
it shall be the duty of such township treasurer to post the notices for 
an election to be held according to the prayer of such j)etition, and 
if the majority of the votes cast at such election shall be in favor of 
discontinuing the township high school in the town where the site 
has not been located, the same shall be so discontinued as to it. (As 
amended by an act apioroved and in force June 2, 1897.) 

§ 44. The ballots for such election shall be received and canvassed 
in the same manner as provided for in section 39 of this article. If 
the majority of the votes of such election shall be found in favor of 
discontinuing the high school, it shall be the duty of the trustees to 
discontinue the same, and turn all the assets of the said high school 
over to the school fund of the township or townships interested 
therein, in proportion to the assessed valuation of said townships, to 
be used as any other township fund for school purposes. 

§ 45. No trustee of schools shall be interested in the sales, pro- 
ceeds or profits of any book, apparatus or furniture used in any 
school in this State with which such trustee may be in any manner 
connected. For offending against the provisions of this section, any 
such trustee shall be liable to indictment, and, upon conviction, shall 
be fined in a sum not less than twenty-five dollars nor more than five 
hundred dollars, or may be imprisoned in the county jail not less than 
one nor more than twelve months, at the discretion of the court. 

§ 46. Trustees of schools in newly organized townships shall lay 
off the township into one or more school districts, to suit the wishes 
or convenience of a majority of the inhabitants of the township, and 
shall prepare or cause to be prepared a map of the township, on 
which map shall be designated the district or districts, to be styled, 
when there are more districts than one, "District No , in town- 
ship No , range No of the j). m. (according to the 

proper numbers),' county of and State of Illinois. 



46 

1. This section provides that the trustees of schools shall lay off the town- 
ship into districts to suit the wishes and convenience of a majority of the in- 
habitants of their townships. But the law does not provide any mode by 
which these facts are to be ascertained. No petition is necessary, but the 
trustees are peremptorily required to lay off the township into districts, and 
they are directed in so doing- to suit the wishes and convenience of the in- 
habitants of their township. There being- no mode provided by the act by 
which this is to be accomplished, the board must necessarily take the respon- 
sibility of deciding the question, acting upon the best lights before them, and 
exercising their best judgment. They must perform that duty, and their 
honest action cannot be inquired into. Metz v. Anderson, 23-463. 

2. To lay off and divide a township into school districts, and from time to 
time, alter them or create new ones, as circumstances may require, is a very 
difficult duty to perform, and it is not reasonable to expect, however just, 
wise and impartial they may be, that there will be no single complaint. It 
requires much deliberation and the exercise of sound judgment, and in such 
case a court could not well interfere, unless gross injustice had been done, or 
the marks of corruption in the board so evident as to compel the court to in- 
terpose. Ibid. 

3. The trustees have power under the school law^ to district, and it is made 
their duty to district their townships into proper divisions to suit the wishes 
and convenience of a majority of the inhabitants thereof, for school purposes. 
The trustees are vested with a large discretion in the performance of these 
important duties, and courts will not attempt to control its exercise except 
in a palpable case, where a plain violation of the law is manifested. Scliool 
Directors v. Trustees of Schools, 66-247. 

4. In the matter of the formation of school districts, the trustees are in- 
vested by law w^ith a large discretionary power which it is their duty to exer- 
cise for the best interests of the inhabitants of the township. There is no 
mode pointed out in the statute for ascertaining the wishes of the inhabitants 
of the tow^nships, or what number and size districts would best suit their con- 
venience. It is made the imperative duty of the trustees to lay off the tow^n- 
ship into districts, but the manner of doing so is left to their sound discretion. 
When this discretion is honestly exercised, a court of equity has no power to 
supervise the action of the trustees in the premises. Thompson v. Beaver, 
63-353. 

5. If there has been any flagrant abuse of the discretionary power with 
which the trustees are invested, or any corrupt conduct in laying off or 
changing districts, so that the same would be palpably inconvenient and op- 
pressive to the inhabitants of the township, equity will interpose to afford 
the requisite relief. Ibid. 

§ 47. In a township where snch division into districts has been 
made, the same trustees may, in their discretion at the regular meet- 
ing in April, when petitioned as hereinafter prescribed for, change 
such districts as lie wholly within their township, so as — 

First — To divide or consolidate districts. 

Second — To organize a new district out of territory belonging to 
two or more districts. 

Third — To detach territory from one district and add the same to 
another district adjacent thereto. 

1. The power to change the boundaries of school districts is discretionary, 
and the board of trustees cannot be compelled to do so by mandamus. Triis- 
tees of Schools v. Kay, 8A-30. 

2. The rule is well established that w^hen public officers are invested with 
discretionary povs^ers, a court of equity will not interfere to control or review^ 
the exercise of the power unless fraud, corruption, oppression or gross injus- 
tice is plainly shown. A court of equity cannot sit as an appellate tribunal 
to review the exercise of judgment w^here there is no gross abvise of the power. 



47 

and the law does not contemplate any supervisoi-y powei* in the court for the 
purpose of correcting errors of judgment. School Trustees v. School Directors, 
190-390. 

3. A proposed change in a school district is not rendered unjust, unrea- 
sonable and oppressive by the fact that to carry out such a change, the district 
will have to be taxed to the statutory limit. Ibid. 

4. The second clause of section 47, article 3, confers the power on the 
trustees to organize a new district out of territory belonging to two or more 
districts, and when a petition is presented, signed by two-thirds of the legal 
voters living within certain territory containing not less than ten families, 
asking that said territory may be made a new district as specified in clause 
3, section 48, article 3, then the trustees are clothed with authority to act. 
Parr v. Miller, 146-596; Peojjle v. Rhodes, 109A-110. 

5. Clause 3, section 47, article 3, which authorizes the trustees to organize a 
new district out of territory belonging- to two or more districts, does not limit 
the new district to parts, only, of territory belonging to two or more districts. 
People v. Keechler, 194-235. 

6. The formation of districts, changing their boundaries, detaching terri- 
tory from one district and attaching it to another, is by law committed to the 
trustees of schools. Their determination of all such matters is final and con- 
clusive. The discharge of this function afliects the public interests, and the 
school directors are bound by their action, whether it is taken on their own 
motion or under the mandate of a court of competent jurisdiction. In either 
case the directors have no discretion, but must acquiesce and accept the dis- 
trict thus formed. School Directors v. School Directors, 135-464. 

§ 48. No change shall be made as provided for in the preceding 
section, unless petitioned for — 

First — By a majority of the legal voters of each of the districts 
affected by the proposed change. 

Second — By two-thirds (|) of the legal voters living within cer- 
tain territory, described in the petition, asking that the said territory 
be detached from one district and added to another. 

Third — By two-thirds (|) of all the legal voters living within cer- 
tain territory, containing not less than ten (10) families, asking that 
said territory be made a new district. 

1. Clause 3, section ■ 48 provides, that a new district may be formed by 
taking portions of one or more districts already established, upon a petition 
signed by two-thirds of all the voters residing in the territory proposed to be 
formed into such new district without reference to the portion taken from 
any particular district. It does not require ten families to reside in the par- 
ticular territory taken from any one district. Boone v. The People, 4A-331. 

3. The first and second clauses of section 48, article 3, have nothing to do 
vsrith the organization of a new district. They do not relate to that subject. 
The first relates to an application to divide or consolidate districts. The 
second, as is apparent from its language, relates to an application, addressed 
to the trustees, to detach territory from one district and add the same to 
another adjacent district. Parr v. Miller, 146-596; Parr v. Miller, 49A-48, 
affirmed. 

3. Under section 47, and clause 3, section 48, article 3 of the school law 
providing for the making of union school districts from parts of old districts 
on petition of two-thirds of the legal voters residing in the territory of the 
proposed district, a voter moving into such territory at any time before the 
petition is signed, from another part of the same township, school district 
and voting precinct, is a legal voter, and must be counted in estimating the 
proportion of legal voters signing the petition. People v. Simpson, 168-127. 

4. A petition to organize a new district, including all the lands of tw^o old 
districts and parts of the lands of yet two others, is properly treated as a 
petition to organize a new district, and not as one to consolidate districts, or 



48 

to detach territory from one district and add it to an adjacent district. Peo 
vie V. Allen, 155-402. 

5. It is sufficient to g-ive the school trustees jurisdiction to act on such a. 
petition if it is signed by two-thirds of the legal voters residing in the terri- 
tory proposed to be organized into such new district, without regard to their 
particular location within that territory or their relation as residents to the 
former districts. Ihid. 

6. Clause 3, section 48, article 3, providing for a petition to be signed by 
two-thirds of all the legal voters within certain territory containing not less 
than ten families, asking that said territory be made into a new district, 
relates to tlie organization of a new district out of territory belonging to twa 
or more districts. People v. Keechler, 194-235. 

7. A legal petition, such as is specified in section 48, article 3 of the school 
law, is necessary to confer power and jurisdiction on trustees of schools to 
divide or consolidate school districts, create new districts out of existing ones, 
or to detach territory from one district and add it to another. Hamilton, v. 
Frette, 189-190. 

8. If petitions to form a new school district by adding portions of other 
districts to one whole district comply with clause 3, section 48. article 3 of the 
school law, in having the signatures of two-thirds of all the legal voters re- 
siding within the territory proposed to be made into the new district, it is 
not necessary that they also comply with clause 2 of such section relating to 
detaching territory from one district and adding it to another, by having the 
signatures of two-thirds of the legal voters living in each of the different por- 
tions of the territory going to compose the new district. Ibid. 

9. Where petitions to form a new scliool district out of different districts 
lying in three townships and two counties have been denied by the trustees 
of the respective townships, and an appeal is taken, the two coimty superin- 
tendents, who, with the county judge, decide to form the new district, such 
decision is final and conclusi\ e of the question whether bhe petitions were de- 
signed to evade the requirements of the law relating to petitions to detach 
territory from one district and add it to another. Ibid. 

10. The fact that a school district has been illegally formed, in violation of 
a statutory provision, yet, in a collateral proceeding, the legality of the 
formation of the district cannot be inquired into, but it must be taken as 
having been rightfully formed, and that the only mode in which such illegal- 
ity can be inquired into and taken advantage of, is by information in the 
nature of a quo warranto. Trumbo v. The People, 75-562: Renivick v. Hall, 
84-163; People v. Newberry, 87-43: Alderman v. School Directors, 91-180. 

11. The limitation in the formation of new districts out of territory pre- 
viously organized as one district, applies to each district. Neither must 
contain less than ten families. Both are, in fact, new districts, though, as a 
matter of convenience, for purposes of description in designating the duties 
of officers and providing for the disposition of property or funds, one may be 
denominated the old or original district, and the other a new district. Ches- 
sire V. Tlie People, 116-493. 

§ 49. In school districts having a population of not less than one 
thousand inhabitants, whether acting under the general school law 
or organized and acting under a special charter, desiring a change of 
boundaries, the question of such change may be submitted to the 
trustees by vote of the people, instead of by the petition provided for 
in the preceding section; and when petitioned so to do by twenty-five 
legal voters of the district, the school board of the district shall sub- 
mit the question of the change desired to the voters of said district, 
at a special election called for that purpose, and held at least thirty 
days prior to the regular April meeting of trustees. If a majority of 
the votes cast at any such election shall be in favor of the change pro- 
posed, then, due return of the election having been made to the town- 



49 

ship treasurer, the township trustees shall consider and take action 
the same as if petitioned therefor by a majority of the legal voters of 
siich district: Provided, that no question of change of boundaries 
shall be submitted to a vote of the school district more than once in 
any one year. (As amended by act approved June 18, 1891.) 

1. Prior to the act approved June 18, 1891, the trustees of schools were not 
authorized to change the boundaries of districts existing- by virtue of special 
charters. ScJiaefer v. The People, 30A-605. 

§ 50. No petition shall be acted upon by the board of trustees 
unless such petition shall have been filed with the clerk of the said 
board of trustees at least twenty days before the regular meeting in 
April, nor unless a copy of the petition, together with a notice in 
writing, signed by one or more of the petitioners, shall be delivered 
by the petitioners, or some one of them, at least ten days before the 
date at which the petition is to be considered, to the president or 
clerk of the board of directors of each district whose boundaries will 
be changed if the petition is granted. Which notice may be in the 
following form, to- wit: 

The directors in district No in township No range No of the 

principal meridian, will take notice that the undersigned and others 

have made and filed w^ith the board of trustees of said township their petition, 
a copy of vrhich is herevs^ith handed to you. 

Signed 

1. These are essential and substantial requirements. It is thoroughly 
settled, by numerous adjudications in this State, that in a proceeding by 
certiorari to reviev^ the action of an inferior tribunal of limited jurisdiction, 
the revievping court is limited to inspection of the record of the inferior tribu- 
nal, and that the record must affirmatively show jurisdiction. Board of Edu- 
cation V. Trustees of Schools, 74A-401. 

2. A petition may be amended in certain cases. Where the official action 
which is the subject of a proposed amendment has in fact been had. but by 
reason of some accident or oversight, or for some other cause, has been 
omitted by the clerk from the record of the proceedings of the board, both 
reason and authorities show^ that it is competent to amend the record to cor- 
respond with the facts, and that when such amendment is made, the record, 
as amended, unless impeached, is conclusive. IMd. 

3. Where it appears from the return that a petition w^as filed with the clerk 
of the board of trustees within the time prescribed by section 50, article 3 of 
the school law^, and that notice in -writing was served on the boards of direc- 
tors of the districts from which the territory of the new^ disti-ict was to be 
taken, it is held that the board of trustees acquired jurisdiction, and having 
jurisdiction, an order establishing a new district is valid, whether the evidence 
upon which the board predicated its judgment was incorporated in the record 
or not. Parr v. Miller, 146-596. 

§ 51. At the said April meeting, by the concurrent action of the 
several boards of trustees of the townships in which the district or 
districts affected lie, each board being petitioned as provided for in 
section 48 of this article, the same changes may be made in the 
boundaries both of districts which lie in separate townships, but ad- 
jacent to each other, and of districts formed of parts of two or more 
townships, as are permitted to be made in districts which lie wholly 
in one township. 



— 4 S L 



50 

1. There is no authority given to call or org-anize a joint meeting of the 
trustees of schools of several townships, or the transaction of business by 
such a body. Rayfleld v. The People, 144-332. 

2. The boards of trustees of two or more townships, when acting concur- 
rently, may, under section 51, article 3, w^hen duly petitioned, make changes 
in districts lying adjacent to each other but in separate townships, or in 
single districts formed of parts of two or more townships, the same as may 
be done by the trustees in the case of districts lying w^holly in one township. 
People V. Keechler, 194-235; Webb v. The People, llA-358. 

3. The word adjacent used in section 51, means, that the districts, the 
territory of which may be taken, should be so united or joined together as to 
form a compact district. Ibid. 

4. Where part of the boards of trustees affected by the proposed formation 
of a new school district refuse to grant the prayer of the petition, the petition 
is defeated unless their decisions are reversed on appeal, and to that end 
appeals must be taken from the adverse decision of each board and must be 
taken to the same tribunal. Mason v. The People, 185-302. 

5. The tribunal to w^hich is taken an appeal from the decisions of school 
boards refusing to grant the prayer of a petition to form a new school district 
should give notice to the boards whose decisions are appealed from, and has 
no jurisdiction to grant the prayer of the petition unless the adverse deci- 
sions of all the boards are before it on appeal. Ibid. 

6. In order that the formation of a new school district from parts of others 
shall be legal, it must be alleged in the petition and be found as a fact that 
at least two-thirds of the legal voters living within the territory to be made 
into a new district signed the petition and that said territory contained at 
least ten families. Ibid. 

7. When it is desired to form a new district out of territory lying in 
several different townships, the formation of such district must be petitioned 
for by two-thirds of all the legal voters living within such territory contain- 
ing not less than ten families. The territory proposed to be erected into a 
new district must contain not less than ten families, and the petition pre- 
sented to the board of trustees of any one of the townships interested must 
allege that the proposed territory contains not less than ten families. Car- 
rico V. The People, 123-198. 

§ 52. Wlien, at the regular meeting of the trustees in April, any 
petition shall come before the trustees, asking for any change in 
boundaries, it shall be the duty of the trustees to ascertain if the 
foregoing provisions have been strictly complied with ; and if it shall 
appear that they, or either of them, have not been complied with, 
then, in such case, the board shall adjourn for not longer than four 
weeks, in order that the foregoing provisions may be complied with; 
but there shall be but one adjournment for such purpose. 

1. Every petition of this nature, seeking to effect a division of a long 
established school district, should make a case within the express provisions 
of the statute, before the trustees can be required to act. School Trustees v. 
The People, 71-559. 

2. It is not necessary that the boundaries of the districts as they exist 
be set out in the petition. The form and boundaries of the several school 
districts are known to the trustees in fact, as they are presumed in law, to 
be known to the public in general. The inquiry which the trustees are to 
make must, to a great extent, be of a summary nature and might be wholly 
met and answered by facts within their own personal knowledge. Trustees 
of Schools V. The People, 25A-25. 

3. Formal statutory documents, prepared without a form for guidance, by 
persons unskilled in technical composition, are seldom found to be models of 
neatness and accuracy. In the construction of petitions, if a legitimate 



51 

object and sense can be reasonably ascertained from what is expressed, the 
court will supply its appropriate expression. Scott v. Trustees of Schools, 
71A-95. 

4. The trustees can act only in pursuance of law. They cannot be com- 
pelled to act unless the law is complied with in every substantial particular; 
nor are they permitted to act, until it is so complied with. They have no 
power to waive anything that is necessary to compel their action. They may 
not, as a matter of grace or favor, take territory from one district and add it 
to another. They may do this only in the cases provided by law, and what- 
ever is essential to be done, before they are bound to act, they must require 
before they do act. They must know that the petition conforms to the law 
before they proceed. Potter v. Board of Trustees, lOA-343. 

5. Trustees of schools have no power except those conferred by the statute, 
nor can they exercise the powers conferred upon them in any other mode 
than that prescribed by the statute. They cannot be compelled to act, and 
will not be permitted to act, until the law is complied with. The territory 
proposed to be erected into a new district must contain not less than ten 
families, and the petition presented to the board of trustees of any one of 
the townships interested must allege, that the territory contains not less than 
ten families. If such allegation is absent from the petition, the board of 
trustees, to which it is presented have no power to act in the formation of 
the new district. Carrico v. The People, 133-198. 

6. A plea stated that two-thirds of the legal voters living in a certain ter- 
ritory, w^hich contained not less than ten families, filed petitions with the 
trustees. This was not sufficient to make it a good plea. It should have 
alleged, that the petitions, filed with the several boards of trustees, set forth 
the fact that the territory to be formed into a union district contains not less 
than ten families. A petition setting forth that the proposed territory con- 
tained not less than ten families, was necessary in order to give each board 
the power to act in the matter of forming a new district. The presentation 
of a petition making the allegation in question was a jurisdictional fact, and, 
without it, all proceedings of the board w^ere void. Ibid. 

§ 53. If, on the day of the regular meeting, or, in case of adjourn- 
ment, at the adjourned meeting, it shall appear that such provisions 
have been complied with, then the trustees shall consider the petition, 
and shall also hear any legal voters living in the district or districts 
that will be affected by the change if made, who may appear before 
them to oppose the petition, and they shall grant or refuse the prayer 
of the petitioners without unreasonable delay. After the trustees 
shall consider the petition, no objection shall be thereafter raised as 
to its form, and their action shall be prima facie evidence that all the 
former requirements have been complied with. 

§ 54. The petitioners, or the legal voters who have appeared be- 
fore the trustees at the meeting when the petition was considered, 
and opposed the same, shall have the right of appeal to the county 
superintendent of schools; Provided, that the party appealing files 
with the clerk of the trustees a written notice of appeal within ten 
days after the final action upon the petition by the trustees, which 
notice may be in the following form, to-wit: 

To the trustees of schools township No , range No of 

county, Illinois: 

You are hereby notified that the undersigned w^ill appeal from your decision, 
made on the day of , A. D. . . . granting (or re- 
fusing) the prayer of the petition in regard to (here give substance of the 

petition concerned) to the county superintendent of schools of 

county, Illinois, as provided by law. 

Signed 



52 

§ 55. When an appeal is taken from the action of the trustees to 
the county superintendent, the clerk of the trustees shall, within five 
days after the written notice of the appeal has been filed with him by 
the appellants, transmit all the papers in the case, with a transcript 
of the records of the trustees, showing their action thereon to the 
county superintendent, and, in case of an appeal, the township 
treasurer shall be required to take no further action in the matter, 
except upon the order of the county superintendent, whose duty it 
shall be to investigate the case upon such appeal; and if, in his 
opinion, the change asked is for the best interests of the district or 
districts concerned, he shall make such change or changes; but if he 
considers the proposed change unadvisable, he shall refuse to make 
it, and shall reverse, if need be, the action of the trustees, and shall 
give the clerk, from whom he received the papers, immediate notice 
of his decision; and his action shall be final and binding. If the 
changes asked for by the petitioners shall be make by the county 
superintendent, he shall notify, in writing, the clerk by whom the 
papers in the case were transmitted to him, of his action, and the 
clerk shall thereupon make a record of the same, and shall, within 
ten days thereafter, make a copy of the same, and a map of the town- 
ship, showing the districts, and an accurate list of the tax-payers of 
the newly arranged districts, and deliver them to the county clerk for 
filing and record by him, the same as if the changes had been ordered 
by the trustees. 

1. Prior to the revision of 1889 the county supei-intendent had no power to 
act except in cases where the trustees refused to grant the prayer of the 
petitioners. He had no power to reverse the action of the trustees w^here the 
prayer of the petitioners had been granted. Badger v. Kriapp, 7A-222. 

2. Proceedings of an inferior tribunal cannot be brought before the circuit 
court for review upon writ of certiorari, wliere the right of 'the review of the 
proceedings upon appeal exists, and if a writ be improvidently issued in such 
case, it should be dismissed. Trustees of Schools v. Shepherd, 139-114. 

3. Where part of the school boards of districts affected by the proposed 
formation of a new school district refuse to grant the prayer of the petition, 
the petition is defeated unless the decisions are reversed on appeal, and to 
that end appeals must be taken from the adverse decision of each board and 
must be taken to the same tribunal. Mason v. The People, 185-302. 

4. The tribunal to which is taken an appeal from the decisions of school 
boards refusing to grant the prayer of a petition to form a new school district 
should give notice to the boards whose decisions are appealed from, and has 
no jurisdiction to grant the prayer of the petition unless the adverse decisions 
of all the boards are before it on appeal. IJnd. 

5. It is the duty of the county superintendent, on the hearing of appeals, 
to investigate and determine whether the proposed change will be for the 
best interest of the districts affected, and the statute provides that his action 
shall be final and binding. He is vested with discretion to determine what 
is best for the people and the cause of education. The rule is well established 
that when public officers are so invested w^ith discretionary powers, a court 
of equity will not interfere to control or review the exercise of the power 
unless fraud, corruption, oppression or gross injustice is plainly shown. 
Trustees of Schools v. School Directors, 190-390. 

§ 56. In all cases where the territory affected by a proposed 
change of district boundaries is divided by a county line or lines, 
the appeal may be taken to the county superintendent of schools of 



53 

any one of the counties in which said territory is partly located; and 
upon any appeal being taken in any such case, the county superin- 
tendent of schools, to whom such appeal is taken, shall forthwith 
give notice to the county superintendent or superintendents of schools 
of the other county or counties, of the pendency of such appeal, and 
of the time and place when and where it shall be heard; and the 
county superintendents of schools of the counties in which the said 
territory is located, shall meet together at such time and place, and 
together hear and determine said appeal. In case the said county 
superintendents shall be unable to arrive at an agreement, then the 
county judge of the county where such appeal is pending shall be 
called, and shall constitute one of the boards of appeal, and thereupon 
the appeal shall be heard and determined by them. And the county 
superintendent of schools, to whom such appeal is taken, shall at 
once notify, in writing, the clerk by whom the papers in the case 
were transmitted to him of the action taken on such appeal, as here- 
inafter provided. 

1. Where petitions to form a new school district out of different districts 
lying- in three townships and two counties have been denied by the trustees 
of the respective townships, and an appeal is taken, the two county superin- 
tendents, who, with the county judge, decide to form the new district, such 
decision is final and conclusive of the question whether the petitions were de- 
signed to evade the requirements of the lav^r relating to petitions to detach 
territoi"y from one district and add it to another. Hamilton v. Frette, 189-190. 

§ 57. Whenever change in boundaries is made by the trustees of 
schools, if no appeal is taken to the county superintendent, the clerk 
of the trustees shall^make a complete copy of the record of the action 
of the trustees, which copy shall be certified by the i3resident of the 
trustees and the clerk who shall file the same, together with a map of 
the township, showing the districts, and an accurate list of the tax- 
payers of the newly arranged districts, with the county clerk for 
record within twenty days of the action of the trustees. 

1. The filing of a map, properly certified, of a new school district, vphen 
formed, with the county clerk, is not essential, but only directory. It is in 
nowise connected with the formation of the district. The law requires it to 
be made, and filed with and recorded by the county clerk. The obvious pur- 
pose of such a map is to enable that ofiicer to correctly extend the taxes 
levied by the directors in the various districts. School Directors v. School Di- 
rectors, 73-349. 

S. That there should be such a map filed for that purpose is true, but if not 
filed, and the clerk were to extend the taxes on the property in districts from 
the records of the board of trustees, it would not form a valid objection to 
the tax thus levied, nor can it, to the legal organization of a school district, 
that the map is not properly made or filed. The officers failing to perform 
that duty map become liable to respond in damages for any loss the district 
may incur by such neglect, but it cannot be held to disorganize a district 
otherwise regularly formed. Ibid. 

3. A failure of the township trustees to file with the county clerk a map 
showing the lands embraced in the new district will not have the effect to 
destroy its corporate existence, or to prevent the directors of a new district 
from leving taxes for school purposes therein. School Directors r. School Di- 
rectors, 135-464. 

4. Upon the formation of a new school district the law requires a map of 
"the school districts of the township to be filed with the county clerk. This 
is not an essential requisite to the valid organization of such district The 



54 

map is necessary to enable the clerk to extend the school taxes on the prop- 
erty of the district, but not as to the legal organization of the new district. 
This act is required after all the legal steps have been performed necessary to 
organize a new school district. Crossett v. Owens, 110-378. 

§ 58. In case any territory shall be set off from any district that 
has a bonded debt, the change not being petitioned for by a majority 
of the legal voters of said district, such original district shall remain 
liable for the payment of such bonded debt, as if not divided. The 
directors of the original district having such bonded debt and of the 
district into which the territory taken from such original district has 
been incorporated or formed, shall constitute a joint board for the 
purpose of determining and certifying, and they shall determine and 
certify to the county clerk the amount of tax required yearly for the 
purpose of paying the interest and principal of such bonded debt, 
which tax shall be extended by the county clerk against all property 
embraced within the original districts as if it had not been divided. 

§ 59. When the trustees of schools shall organize a new district, 
as hereinbefore provided for, it shall be the duty of the clerk of the 
board of trustees, if no appeal is taken to the county superintendent, 
to order, within 15 days after the action of the trustees, an election, 
to be held at some convenient time and place, within the boundaries 
of such newly organized district, for the election of three school 
directors, notice being given by the township treasurer, who shall 
post up at least three notices of such election in at least three promi- 
nent places in said district, at least ten days prior to the time ap- 
pointed for holding such election, which notices shall specify the 
place where such election is to be held, the time for opening and 
closing the polls, and the object of said election, which notice may 
be in the following form, to- wit: 

Election Notice. 

Public notice is hereby given that on the , day of A. D. 

an election will be held at for the purpose of electing 

three school directors for the new district known as district No in 

township No range No of the p. m. , in 

county, Illinois. 

The polls at said election will be opened at o'clock m. , and close 

at o'clock m. 

By order of the board of trustees of said township. 

Signed 

Township Treasurer. 

1. This section should be construed with section 3, article 6. Where a new- 
district is formed which has a population of not less than 1,000 nor more 
than 100,000 inhabitants, there must be an election for a board of education, 
and not for three directors. But section 2, supra, does not provide that the 
board, in the first instance, shall be elected only on the third Saturday in 
April. That provision relates to the election of additional members to be 
elected by reason of the increased population of said district. Nor does it re- 
quire any census of the district, special or general, to be taken in order to 
authorize the election of the president and members of the board. It is only 
w^hen additional members are to be elected, that the increased population 
must be ascertained by the census. People v. Keecliler, 194-235. 

§ 60. At the time appointed for opening the polls for said election, 
it shall be the duty of the legal voters present, five of whom shall 



55 

constitute a quonim, to appoint three of their number, two of whom 
shall act as judges and one as clerk of said election; and the election, 
in all other respects, shall be conducted as other elections for the 
election of school directors. 

§ 61. Within ten days after the election it shall be the duty of the 
directors, elected at such election, to meet at some convenient time 
and place previously agreed upon by said directors, and organize as a 
district board by appointing one of their number president and another 
of their number clerk of said board, as in other cases of the election 
of school directors. At this first meeting of the directors, they shall 
draw lots for their respective terms of office for one, two and three 
years, each of which shall be considered a fractional term ending at 
each annual meeting according to the term drawn. 

§ 62. In case a new district is organized by the action of the county 
superintendent, the said clerk of the board of trustees shall, within 
five daj^s after he has received notice of the action of the county 
superintendent on the appeal, order an election of directors in the 
new district, the same as if the change had been made by the board 
of trustees, and such election shall be held in the same manner as the 
election provided for where the trustees have formed such new district. 

§ 63. Whenever a new district has been formed by the trustees, 
or by the county superintendent or county superintendents from a 
part of a district or from parts of two or more districts, the trustees 
of the township or townships concerned shall proceed forthwith to 
make a distribution of tax funds, or other funds which are in the 
hands of the treasurer, or to which the district may, at the time of 
such division, be entitled; so that both the old and new districts 
shall receive parts of such funds in proportion to the amount of taxes 
collected next preceding such division from the taxable property in 
the territory composing the several districts. If the new districts be 
composed of parts of two or more districts, the trustees shall make 
distribution of such funds between the new district and the old 
districts, respectively, so that the new district shall receive a distribu- 
tion of the funds of each of the old districts in the proportion which 
the amount of taxes collected from the property in the territory of the 
new district bears to the whole taxes collected, next before the division 
in the old district; and the town treasurer shall forthwith place the 
sum so distributed to the credit of the respective districts, and shall 
immediately place the proportion of the funds to which said new dis- 
tricts may be entitled to its credit on his books, and the funds on hand 
shall be subject at once to the order of the directors of the new district, 
and those not on hand, as soon as collected. 

1. Where a school district is divided and a new one formed, the trustees of 
the township concerned should make a division of the funds, property and 
debts in a just and equitable manner, and until such division has been made, 
each district is bound to pay its own debts. School Directors v. Miller, 49-494. 

2. It is not within the power of the township trustees, by any action in the 
re-organization of a township, to impair the obligation of the directors of any 
school district therein. If the indebtedness of any such district is apportioned 
among and laid upon the nev? organizations, thus securing its payment, the 



56 

old district is thereby discharged; but that not having been done, it remains 
bound, and for all purposes of a remedy, will still be deemed to exist. Rogers 
V. The People, 68-154; Moll v. School Directors, 23A-508. 

3. Where the board of trustees meet for the purpose of appraising and dis- 
tributing property and funds, consequent upon the formation of a new 
district, and the records show that the board of trustees met for that purpose, 
it will be presumed that the distribution was made by the board of trustees, 
to whom is confided the formation of the districts and the apportionment of 
the school funds. School Directors v. School Directors, 73-249. 

4. Where an appraisement and distribution of school funds were made on 
the formation of a new district, and the old district refuses to pay over the 
proceeds to the treasurer, and the board of trustees neglects to compel such 
payment, the proper remedy for the new district is by bill in chancery to 
compel the collection of the fund, and the application thereof to its legitimate 
use, and to prevent its perversion. Ibid; School Directors v. School Directors, 
135-464. 

§ 64. The trustees of the township or townships concerned shall, 
at the time of the creation of a new district or within the period of 
30 days thereafter, proceed to the appointment of three appraisers, 
who shall not be citizens of the township or townships interested. It 
shall be the duty of said appraisers, within 30 days after their ap- 
pointment, to appraise the school property, both real and personal, 
of the district or districts interested, at their fair cash value. Within 
30 days after such appraisement, the trustee or trustees of the town- 
ship or townships concerned shall proceed to charge the property to 
the district in which it may be found and to credit the other district 
interested therein with its proportion of such valuation: Provided, 
that the hona fide debts if any, of the old district shall first be de- 
ducted and the balance charged and credited as aforesaid; and the 
trustees shall direct the treasurer to place to the credit of the district 
not retaining said property, its proportion of the value of said 
property, and of the funds then on hand, or subsequently to accrue, 
belonging to such district to which such property is charged 

1. Where a nev7 district is created, and an appraisal and distribution is 
made upon the formation of such new district, and the old district refuses to 
pay to the treasurer the amount found due upon division, and where the trus- 
tees refuse to act, the district may file its bill in chancery to have the fund 
collected and applied to its legitimate use, thus preventing its loss or perver- 
sion. School Directors v. School Directors, 73-249; School Directors v. School 
Directors, 16A-651. 

2. A tax to pay the proportionate share of a building would not be for the 
support of the school or for educational purposes and such a tax v^ould be 
properly classed as for building purposes. In crediting a new district with 
its proportionate share of the value of a school house property it can only be 
credited or paid out of a fund which can be lav^^f uUy applied for that purpose. 
The payment should be made from a tax levied for building purposes. The 
taxable property of a district will enable it to pay its share of the value of 
the school property from a tax for building purposes and to maintain a school 
tax for educational purposes. School Trustees v. School Directors, 190-390. 

§ 65. If the trustees shall fail to observe the provisions of sec- 
tions 63 and 64, in reference to the distribution of funds and prop- 
erty, they shall be individually and jointly liable to the district inter- 
ested, in an action on the case, to the full amount of the damages 
sustained by the district aggrieved. When trustees have heretofore 
failed to make the distribution of property to districts, as provided 



57 

in said sections 63 and 64 of this article, the district interested in the 
making of such distribution may, by its directors, request the trus- 
tees in writing, to proceed to make such distribution; and said trustees 
shall proceed to make such distribution in the manner prescribed, 
and shall be liable, as herein stated, for neglect or failure so to do. 

§ 66. The clerk of any board of trustees who shall fail, neglect or 
refuse to perform the duties imposed upon him by this article of this 
act, or any of them, within the time or in the manner prescribed, 
shall, for each offense, forfeit not less than ten (10) dollars, nor more 
than twenty-five (25) dollars, of his pay as clerk of the board of trus- 
tees and township treasurer, which forfeiture shall be enforced by 
the trustees. 

§ 67. If any school district shall, for two consecutive years, fail 
to maintain a public school, as required by law to do, it shall be the 
duty of the trustees of schools of the township, or townships, in 
which such district lies, to attach the territory of such district to one 
or more adjoining school districts; and in case said territory is added 
to two or more districts, to divide the property of said district 
between the districts to which its territory is added, in the manner 
hereinbefore provided for the division of property in case a new dis- 
trict is organized from a part of another district, and the action of 
the trustees in such case shall be final and binding. And the clerk 
of the trustees in such case shall file a copy of the record of the same, 
together with the map and list of tax-payers with the county clerk as 
in other cases of change of district boundaries. 

§ 68. The majority of legal voters of a district lying in two or 
more townships may secure the dissolution of said district by petition- 
ing the several boards of trustees of said townships, at their regular 
meeting in April, that each will add the territory belonging to said 
district, in its township, to one or more adjacent districts. Upon re- 
ceipt of such petition or the returns of the election (in districts con- 
taining one thousand or more inhabitants) the several boards of trus- 
tees shall each make such disposition of the territory of said district 
as lies in its township, and they shall jointly make such division of 
property of said district between the districts to which its territory is 
attached, as is hereinbefore provided in the case of the organization 
of a new district from a part of another district. The action of the 
trustees, in accordance with such petition or election, shall be final 
and binding; and the clerks of the several boards of trustees, in such 
case, shall file a copy of the record of the same, together with the map 
and lists of tax-payers, with the county clerk as in other cases of 
change of district boundaries. 

§ 69. The trustees of schools, elected as provided for in this article, 
shall be the successors to the trustees of school lands, appointed by 
the county commissioners' court, and of trustees of schools elected 
in townships under the provisions of "An act making provisions for 
organizing and maintaining common schools," approved February 26, 
1841, and "An act to establish and maintain common schools," ap- 
proved March 1, 1847, and "An act to establish and maintain a 
system of free schools," approved April 1, 1872. All rights of prop- 



58 

erty, and rights and causes of action, existing or vested in the trus- 
tees of school lands, or the trustees of schools appointed or elected as 
aforesaid, for the use of the inhabitants of the township, or any part 
of them, shall vest in the trustees of schools, as successors, in as full 
and complete a manner as was vested in the trustees of school lands 
or the trustees of schools appointed or elected, as aforesaid. 

1. An original judgment was obtained in 1839, by a school commissioner, 
as agent for the inhabitants of the county, for the use of the inhabitants of 
a particular township, in pursuance of the laws as they then existed. The 
legal title to this judgment continued in the school commissioner until the 
passage of the act of 1841, which transferred the legal title in the judgment 
to the trustees of schools, who were authorized to be elected by the provis- 
ions of the act. Here the legal title rested until the law of 1845 transferred 
it to the other trustees, authorized by that act to be elected. Trustees of 
Schools V. Douglas. 17-209. 

2. The law was again altered in 1847 and 1849, when other trustees were 
authorized to be elected, w^ho were declared to be successors to the several 
trustees authorized to be elected by the several laws hereinbefore mentioned, 
and vesting in them all rights of property, and rights of causes of action, ex- 
isting or vested in the trustees of school lands, or trustees of schools as suc- 
cessors, in as full and complete a manner as was vested in the school 
commissioners, the trustees of school lands, or the trustees of schools ap- 
pointed or elected as aforesaid. Ibid. 

3. If the Legislature had the power to pass the several acts transferring 
the legal title to the judgment, in the manner stated, there is no room left to 
doubt the right of a board of trustees to bring an action in debt on said judg- 
ment, to revive the same. These were all municipal corporations created for 
school purposes; and this judgment, and other property vested in them, was 
public property for the use of schools. The corporations in w^hich it was 
vested, were necessarily subject to legislative control and disposition. The 
complete authority of the Legislature over such subjects has never been 
doubted. Ibid. 



Article IV. 



TOWNSHIP TEEASUEEE. 



Section 1. The township treasurer appointed by the board of 
trustees of schools shall, before entering upon his duties, execute a 
bond with two or more freeholders, who shall not be members of the 
board, as securities, payable to the board of trustees of the township 
for which he is appointed treasurer, with a sufficient penalty to cover 
all liabilities which may be incurred, conditioned faithfully to per- 
form all the duties of the township treasurer in township No 

range No in county, according to law, which 

bond shall be approved by at least a majority of the board, and shall 
be delivered by one of the trustees to the county superintendent of 
the proper county. And in all cases where such treasurer aforesaid 
is to have the custody of all bonds, mortgages, moneys and effects 
denominated principal, and belonging to the township for which he 
is appointed treasurer, the penalty of said treasurer's bond shall be 
twice the amount of all bonds, notes, mortgages, moneys and effects 
and shall provide for the faithful accounting for, and turning over, 
of all such bonds, notes, mortgages, moneys and effects as shall come 
into his hands while he may act as such treasurer, under such ap- 



59 

pointment, to his successor, when aiapointed and qualified, as herein 
IDrovided by giving bond. The penalty of said bond shall be in- 
creased from time to time, as the increase of the amount of notes, 
bonds, mortgages and effects may require, and whenever, in the judg- 
ment of the trustees or county superintendent, the security is in- 
sufficient. Any and every township treasurer appointed subsequent 
to the first, as herein provided, shall execute bond with security, as 
is required of the first treasurer. The bond required in this section 
shall be in the following form, viz: 

State op Illinois, 



.County, '' 



Know^ all men by these presents, that we, A. B,, C. D. and E. F., are held 
and firmly bound, jointly and severally, unto the board of trustees of town- 
ship , range , in said county, in the penal sum of 

dollars for the payment of which we bind ourselves, our heirs, executors and 
administrators firmly by these presents. 

In witness vrhereof w^e have hereunto set our hands and seals this 

day of , A. D. , 19. . . . The condition of the above oblig-ation is such 

that if the above bounden A. B., township treasurer of township 

rang-e , in the county aforesaid, shall faithfully discharge the duties 

of said office, according to the laws which now are or may hereafter be in 
force, and shall deliver to his successor in office, after such successor shall 
have fully qualified by giving bond as provided by law, all moneys, books, 
papers, securities and property which shall come into his hands or control, 
as such township treasurer, from the date of this bond up to the time that his 
successor shall have duly qualified as township treasurer, by giving such bond 
as shall be required by law, then this obligation to be void; otherwise to re- 
main in full force and virtue. 

Approved and accepted by: 

G. H., ) A B (Seal) 

I. J., [ Trustees. C D (Seal) 

K. L., I E F (Seal) 

1. It is not essential to the validity of the bond that it should be literally 
in compliance with the statute. The statute is directory, and if the bond is 
substantially as required, there is no valid objection. Trustees of Schools v. 
Rodgers, 7A-33. 

2. The township treasurer is appointed by the board of trustees of schools. 
The statute does not require such treasurer to take an oath of office. School 
Directors v. The People, 79-511. 

3. The township treasurer is the only lawful depository and custodian of 
of all district school funds, and they are to be paid out only on the order of 
the school directors drawn on the township treasurer. The township treas- 
urer is, therefore, the proper officer to make demand for such school funds of 
any one holding the same unlawfully. School Directors v. The People, 79-511. 

4. A township treasurer, by virtue of the statute, is an insurer of the funds 
coming into his possession, and, to exonerate himself upon his bond, he must 
show that he has paid out or disposed of the funds in his hands in pursuance 
of lawr, or that he has been prevented from so doing by the act of God or the 
public enemy. Thompson v. Trustees of Schools, 30-99; Trustees of Schools v. 
Smith, 88-181: Swift v. Trustees of Schools, 189-584; Humiston v. Trustees of 
Schools, 7A-122; ScheiTi v. Trustees of Schools, 24A-369. 

5. When a defaulting treasurer misappropriates funds that come to him in 
his official capacity during his term of office, his securities for a succeeding 
term of office are under no legal obligation to make good such defalcation. 
The obligation for such defalcation rests upon the sureties for the terms in 
which the misappropriations severally occurred. Potter v. Board of Trustees, 
llA-280. 

6. If an officer succeeds himself, the second bond is liable for what he had 
in his hands at the end of his first term. The accidental circumstance that 



60 

he succeeds himself does not extend the obligation of the first bond. He is 
presumed to have the money on hand when the second bond is executed. 
The obligation of a bond itself is satisfied by payment to successor and faith- 
ful performance of the duties of the office. Trustees of Schools v. Ai^nold, 
58A-103. 

7. Where a treasurer is appointed at the expiration of the term of his pre- 
decessor, or is reappointed, his own time having expired, and the bond 
executed is in form as required by the statute, his sureties are liable for his 
official acts and doings, for the full term of the bond, notwithstanding any 
representations the principal may have made to such sureties, as to the term 
or purpose of such instrument. Ladd v. Board of Trustees, 80-233. 

8. When a township treasurer makes entries in his books, or in a report 
which the law requires him to make, both he and the sureties on his bond 
are estopped to deny the correctness of such entries, in a suit on the official 
bond of such officer. Longan v. Taylor, 130-412. 

9. The law is well settled by numerous decisions of the Supreme Court of 
this State that where the identity of a trust fund is lost by reason ofi ts hav- 
ing been mingled with other funds, that as against general creditors, the 
owners of the fund have no priority. School Trustees v. Kirivin, 25-73; Zerwick 
V. Weir, 81A-181. 

10. The duties of school directors are derived exclusively from the statute, 
are specifically defined, and if they exercise powers and functions not con- 
ferred upon them, the statute has made them responsible for all losses that 
may ensue. They may borrow money for enumerated purposes, on terms pre- 
scribed, and, when obtained, it is their duty to pay it over to the treasurer, 
who is the only proper custodian. Should they place it in the hands of any 
one else, it is at their own risk. Adams v. State of Illinois, 82-132. 

11. A person who acts as township treasurer for a number of years, 
thereby sanctioning the acts and doings of the board of trustees, and after- 
wards contracts to sell a lot for a school house site, knowing that the title 
would go to the trustees, is estopped from denying the legality of the election 
of the school trustees. Frich v. Trustees of Schools, 99-167. 

12. One accepting the office of township treasurer takes upon himself the 
duty of safely keeping the moneys of the township which come into his 
hands, and of disbursing them pursuant to law, and he and his sureties can- 
not be excused from making good a deficiency resulting from the failure of 
the bank where the funds were deposited, although he supposed the bank to 
be solvent. Swift v. Trustees of Schools, 189-584; Swift v. Trustees of Schools, 
91A-221, affirmed. 

13. The fact t'lat the officer fails to obtain service on the township treas- 
urer, does not aiiect either the quantum or character of proofs necessary to 
make out a case against the sureties. Whether the principal was or was not 
before the court, the procedure and rules of evidence as to the sureties would 
be the same. Whatever would show a breach of the condition of the bond by 
the principal, would, in either case, establish the liabilities of the sureties 
thereon. Cassady v. Trustees of Schools, 105-560. 

14. Where a treasurer is elected by the board of education of a district ex- 
isting by virtue of a special charter, and a bond is executed by the treasurer- 
elect and delivered to the clerk of said board for approval, it becomes obliga- 
tory unless subsequently disapproved. It is also held that if the clerk is not 
satisfied with the sureties, he should disapprove the bond, so that the officer 
may find other sureties. If this is not done the bond becomes obligatory to 
secure the rights of the public, and the bond is binding on siich parties from 
the moment it is delivered to the clerk. Bartlett v. Board of Education, 
59-364. 

§ 2. Every township treasurer shall provide himself with two well 
bound books, one to be called a cash book, the other a loan book. 
He shall charge himself in the cash book with all moneys received, 
stating the charge, when, from whom, and on what account received, 
and credit himself with all moneys paid or loaned, stating the amount 



61 



loaned, the date of the loan, the rate of interest, the time when pay- 
able, the name of the securities; or, if real estate to be taken, a de- 
scription of it. 

He shall also enter, in separate accounts, moneys received and 
moneys paid out, charging the first to debit account, and crediting 

First — The principal of the township fund, when paid in and when 
paid out. 

Second — The interest of the township fund, when received and 
when paid out. 

Third — The common school fund and other funds, when received 
from the county superintendent and when paid out. 

Fourth — The taxes received from the county or town collector, for 
what district received, and when and what purpose paid out. 

Fifth — Donations received. 

Sixth — Moneys coming from all other sources; and in all cases 
entering the date when received, and when paid out. And he shall 
also arrange and keep his books and accounts in such other manner 
as may be directed by the State or county superintendent or the 
board of trustees. He shall also provide a book to be called a jour- 
nal, in which he shall record, fully and at length, the acts and pro- 
ceedings of the board, their orders, by-laws and resolutions. And he 
shall also provide a book, to be called a record, in which he shall 
enter a brief description of all notes or bonds belonging to the town- 
ship, and upon the opposite page he shall note down when paid, or 
any remarks to show where or in what condition it is, as in the fol- 
lowing form, viz: 



Maker's Name. 


Date of Note. 


When Due. 


Amount. 


Remarks. 


A.B., CD., E. F. 


January 1, 18 


January 1, 18 


$90 00 


Januarys. 18 handed 

to I. J., for collection or 
Januarys, 18 paid. 



All the books and accounts of the treasurer shall at all times be 
subject to inspection of the trustees, directors or other persons au- 
thorized by this act, or by any committee appointed by the voters of 
the township, at the annual election of trustees, to examine the same, 

1. A township treasurer should keep his books so as to show the exact 
condition of his accounts, and he has no right, in case of his defalcation, to 
require the township trustees to ascertain the amount due, and insist that 
they be bound by the amount they agreed to accept, in the belief that it was 
correct, but which was afterward found to be too small, owing to misrep- 
resentations by the treasurer as to certain credits claimed by him and allow^ed 
by the expert employed by the parties interested, inckiding the trustees, on 
the faith of such representations. Whitlmv v. Trustees of Schools, 191-457;- 
Whitlow V. Trustees of Schools, 93A-664, affirmed. 

§ 8. Township treasurers shall lend, upon the following condi- 
tions, all moneys that shall come into their hands by virtue of their 
ofiice, except such as may be subject to distribution. The rate of in- 
terest shall not be less than four per centum, nor more than seven per 
centum, per annum, payable annually, the rate of interest to be 
determined by a majority of the township trustees at any regular or 
special meeting of the board. No loan shall be made for less than 



62 

one year nor more than five years. All loans shall be secured by 
mortgage on unincumbered realty situated in this State, worth at 
least fifty per centum more than the amount loaned, with a condition, 
that in case additional security shall be required at any time, the 
same shall be given to the satisfaction of the board of trustees: Pro- 
vided, however, that nothing herein shall prevent the lending of 
township funds to boards of school directors, taking bonds therefor, 
as provided in section one, article nine of this act. (As amended by 
an act approved May 12, 1905.) 

1. The Legislature may, from time to time, direct in what manner the 
school funds shall be loaned, upon what security, at what rate of interest, 
and by whom they shall be applied. Bush v. Shipman, ^-186; Keyes v. Jasper, 
5-305. 

2. The duty of township treasurers as to the kind and amount of security 
to be by them taken upon the loan of money in their hands, is clearly defined 
by this section. Board of Trustees y. Baiter, 24A-231; Board of Trustees v. Baker, 
34A-620. 

3. The school fund, while in the hands of the township treasurer, is a 
public trust fund, and as long- as he holds the money it remains a trust fund, 
but when he pays it out to a board of directors, on its orders, it is not a trust 
fund in the treasurer's hands which would exclude the operation of the 
statute of limitations. School Directors v. School Directors, 105-653. 

4. Where a township treasurer lent a larger sum than that prescribed by 
this section before the amendment of 1905, and took a promissory note there- 
for, it "was held that such excess did not render the note void. The obvious 
intent of the statute is to protect the school funds and the interest of the 
public therein. It must, therefore, be construed with that intent in view. 
Edwards v. Trustees of Schools, 30A-528. 

5. Where money belonging to one district is paid to another, the school 
directors of the latter can not refuse to receive the money thus ordered by 
the trustees to be paid to them; by receiving it, they do not become liable to 
an action by another district claiming it. If the district to which the money 
should have been paid has any action, it must be against the trustees of the 
township. School Directors v. School Directors, 36-140; School Directors v. School 
Directors, 105-653. 

6. The treasurer is appointed by the board of trustees, and it is made his 
dntj to lend school moneys, to collect, to safely keep funds, and discharge 
other duties prescribed by the statute. While an officer appointed by the 
board of trustees, his duties are prescribed by the statute and no power can 
authorize him to neglect or violate those duties. There is a certain super- 
visory conti'ol exercised by the board of trustees in pursuance of the statute. 
The treasurer must account semi-annually to the trustees, and lay before 
them all books, notes, bonds, mortgages and all other evidences of indebted- 
ness belonging to the township. Trustees of Schools v. Southard, 31A-359. 

7. If at the time a loan is made the treasurer acts in good faith, and with 
due caution and circumspection, and acting on his own judgment believes 
that the mortgaged premises are worth fifty per centum more than the loan, 
he will not be liable. This rule and doctrine finds support in decisions of the 
supreme court, in cases similar to this, wherein the duties of officers in tak- 
ing security is fully explained and defined, and also the acts and omissions of 
the officer with respect thereto, which create liability upon his official bond. 
Board of Trustees v. Baker, 34A-620. 

8. The provision of the statute fixing the amount of the security is com- 
plied with by the officer lending the money, if, acting on his own judgment 
and information, and in good faith, he lends the money, believing at the 
time, the land mortgaged is worth fifty per centum more than the amount of 
the loan. But the condition is added, that he must act with due caution and 



63 

■circumspection and must avail himself of sources of information accessible to 
him to aid in arriving at a correct estimate of the value of the land offered as 
security. Ibid. 

9. It is the duty of the tow^nship treasurer under this section, when he 
lends money, to secure the loan by a mortgag-e on real estate, which at a fair 
and i-easonable cash value, is worth fifty per centum more than the amount 
loaned and he must resort to all accessible means of information to satisfy 
himself that the title to the land is in the mortgagor and is unincumbered. 
The title must be such that a prudent and careful man would not hesitate to 
invest his money in it. If the treasurer neglects to do this, then the loan is 
not authorized by law, and he is, in legal contemplation, guilty of violating 
official duty, [f he violated the law in lending the money, and thus incurs 
liability, it is for the illegal loan, and necessarily the liability accrues as soon 
as the illegal act is done. People v. Haines, 10-528. 

§ 4. Notes, bonds, mortgages and other securities taken for money 
or other property due, or to become due, to the board of trustees for 
the township, shall be payable to the said board by their corporate 
name; and in such name, suits, actions, and complaints, and every 
description of legal proceedings may be had for the recovery of 
money, the breach of contracts and for every legal liability which 
may at any time arise or exist, or upon which a right of action shall 
accrue to the use of such corporation; Provided, hoivever, that notes, 
bonds, mortgages and other securities in which the name of the 
county superintendent, or the trustees of schools are inserted, shall 
be valid to all intents and purposes, and suit shall be brought in the 
name of the board of trustees as aforesaid. The wife of the mort- 
.gagor (if he is married) shall join in the mortgage given to secure the 
payment of money loaned by virtue of the provisions of this act. 

§ 5. Whenever there is a surplus of funds in the treasurer's hands 
belonging to any school district, the treasurer may loan the same for 
the use and benefit of such district, upon the written request of the 
directors of said district and not otherwise; and all such loans shall 
be on the same conditions as are prescribed in this article for the 
loaning of township funds. 

1. The statute clearly and explicitly imposes upon the treasurer the duty 
of making loans of such funds, upon request of the directors, and commands 
him to take a certain kind and amount of security. He cannot relieve him- 
•self of liability for a neglect of that duty by following the directions of a 
"body of officers having no authority to give such directions. Board of Direc- 
tors V. Baker, 34A-331. 

§ 6. The township treasurer shall, on or before the 30th day of 
June, annually, prepare and deliver to the county superintendent of 
his county, a statement, verified by his affidavit, showing the exact 
condition of the township funds. Said statement shall contain a 
description of the securities, bonds, mortgages and notes belonging 
to the township, giving names of securities, dates, amounts of loans, 
rate of interest, when due, and all data by which a full understanding 
of the condition of the funds may be obtained. The county superin- 
tendent shall preserve such statement for the use of the township. 

§ 7. Mortgages to secure the payment of money loaned under the 
provisions of this act, may be in the following form, viz: 

I, A. B., of the county of and State of do 

hereby ^rant, convey and transfer to the trustees of schools of township 



64 

range in the county of and State of Illinois, 

for the use of the inhabitants of said township, the following- described real 
estate, to- wit: (Here insert premises), which real estate I declare to be in 

mortgage for the payment of dollars loaned to me and 

for the payment of all interest that may accrue thereon to be computed at the 

rate of . .per cent per annum until paid. And I do hereby 

covenant to pay the above sum of money in years f rora the 

date hereof, and to pay the interest on the same annually, at the rate afore- 
said. T further covenant that I have a good and valid title to said estate, and 
that the same is free from all incumbrance, and that I will pay all taxes and 
assessments which may be levied on said estate, and that I will give any ad- 
ditional security that may at any time be required in writing by the board of 
trustees; and if said estate be sold to pay said debt, or any part thereof, or 
for any failure or refusal to comply with or perform the conditions or cove- 
nants herein contained, I will deliver immediate possession of the premises. 
And it is further agreed by and between the parties, in case a bill is filed in 
any court to foreclose this mortgage for non-payment of either principal or 
interest, that the mortgagor will pay a reasonable solicitor's fee, and the 
same shall be included in the decree and be taxed as cost; and we, A. B., 
and C. , vrife of A. B., hereby release all right to the said premises which we 
may have by virtue of any homestead laws of this State, and in consideration 
of the premises, C, wife of A. B,, doth hereby release to said board all her 
right and title of dower in the aforegranted premises for the purpose afore- 
said. 

In testimony whereof, we have hereby set our hands and seals this 

day of 19 ... . 

A B (Seal) 

C D (Seal) 

Which mortgage shall be acknowledged and recorded as is required 
by law for other conveyances of real estate ; the mortgagor paying the 
expenses of acknowledgement and recording. On payment of any 
school mortgage in full, it shall be the duty of the trustees of schools 
to give a deed of release of such mortgage or to enter satisfaction 
thereof upon the record, such deed of release or satisfaction to be 
executed by the township treasurer. 

§ 8. Upon the breach of any condition or stipulation contained in 
said mortgage, an action may be maintained and damages recovered 
as upon other covenants; but mortgages made in any other form to 
secure payment, as aforesaid, shall be valid as if no form had been 
prescribed. In estimating the value of real estate mortgaged to se- 
cure the payment of money loaned under the provisions of this law, 
the value of improvements liable to be destroyed may be included; 
but in any such case said improvement shall be insured for the in- 
surable value thereof in some safe and responsible insurance company 
or companies, and the policy or policies of insurance shall be trans- 
ferable to the board of trustees as additional security for any loan, 
and shall be kept so insured until the loan is paid: 

1. Where lands are first offered by the Master in separate parcels, and 
there being no bidders, the lands may then be sold en masse. Van Valkenberg 
V. Trustees of Schools, 66-103? 

§ 9. In all cases where the board of trustees shall require addi- 
tional security for the payment of money loaned, and such security 
shall not be given, the township treasurer shall cause suit to be in- 
stituted for the recovery of the same, and all interest thereon to the 
date of judgment. Provided, that the proof be made of the said 
requisition. 



65 

1. The provisions of this section enter into every contract of loans made 
under the statute, and constitute, so far as applicable, as much a part of the 
mortgage as if expressly incorporated into it. It is apparent that the in- 
tention of section 9 is to make the original debt become due, for all the pur- 
poses of any remedy for its collection, immediately upon failure to comply 
with the requirement to give additional security. The authority to require 
such additional security is given by statute. When requisition for additional 
security is made and not complied with, a bill will lie to foreclose such mort- 
gage. Board of Trustees v. Da/mdson, 65-124. 

§ 10. In the payment o£ debts by executors and administrators, 
those due the common school or township fund shall have a prefer- 
ence over ail other debts, except funeral expenses, the widow's award, 
and the expenses attending the last sickness, not including the phy- 
sician's bill. And it shall be the duty of the township treasurer to 
attend at the office of the probate judge upon the proper day, as other 
creditors, and have any debts, as aforesaid, probated and classed, to 
be paid as aforesaid. 

1. When the principal debtor to the township fund dies, it is the duty of 
the treasurer to present the note, on the day appointed by the administrator 
for the adjustment of claims and have it allowed against his estate. If this 
resource be unavailing, it is the duty of such officer to institute suit, if nec- 
essary, against the two responsible sureties to recover the amount of the prin- 
cipal and interest due upon the note. For neglect or refusal to perform this 
duty, the treasurer becomes liable therefor upon his official bond. McHaney 
V. Trustees of Schools, 68-140; House v. Trustees of Schools, 83-368; Cxirry v. 
Mack, 90-606. 

§ 11. If default be made in the payment of interest due upon 
money loaned by any county superintendent or township treasurer, 
or in the payment of the principal, interest at the rate of twelve per 
cent per annum shall be charged upon the principal and interest 
from the day of default, which interest shall be included in the as- 
sessment of damages; or in the judgment in the suit or action 
brought upon the obligation to enforce payment thereof, and interest 
as aforesaid may be recovered in action brought to recover interest 
only. The said township treasurer is hereby empowered to bring ap- 
propriate actions in the name of the board of trustees, for the recov- 
ery of the yearly interest, when due and unpaid, without suing for 
the principal, in whatever form secured; and justices of the peace 
shall have jurisdiction of such cases of all sums not exceeding two 
hundred dollars. 

1. The interest charged at the rate of twelve per centum, per annum, for 
not paying school money borrowed, when due, is in the nature of a penalty, 
and cannot be recovered upon a declaration in the ordinary form, upon the 
note, but a special averment should be inserted, claiming the penalty. Ham- 
ilton V. Wright, 3-582; Trustees of Schools v. Bibb, 14-371; Pearsons Y.Hamilton, 
14-415; SeTyton v. School Commissioner, 19-51. 

2. This penalty is not assignable. It is given by the statute for wrongfully 
withholding money due the school fund, and is not a part of the contract 
contained in the bond or mortgage given to secure the money loaned. It 
cannot be recovered upon an ordinary declaration counting upon the contract, 
but a special count is required, claiming the penalty as given by the statute. 
Bradley v. Snyder, 14-263. 



-5 S L 



§ 12. All suits brought or actions instituted under the provisions 
of this act, may be brought in the name of the trustees of schools of 

township No range No except as provided for qui tarn 

actions, or actions in favor of county superintendents. 

§ 13. The said township treasurer shall demand, receive and 
safely keep, according to law, all moneys, books and papers of every 
description belonging to his township. He shall keep the township 
funds loaned at interest; and if, on the first Monday in October, in 
any year, there shall be any interest or other funds on hand which 
shall not be required for distribution, such amount not required as 
aforesaid, may, if the board of trustees sees proper, forever be con- 
sidered as principal in the funds to which it belongs, and loaned as 
such. 

1. All moneys that come into the hands of the treasurer, as such, must 
necessarily be and remain there, in contemplation of law and in the real 
sense of the bond, as to the obligee, and for all purposes, until they are ac- 
counted for by some act or fact which leg-ally discharges him from liability 
for them. Where they have thus come during a former term, and have not 
been so accounted for, they must have come thence into his hands as treas- 
urer for the one succeeding. Trustees of Schools v. Peak, 43A-50. 

2. As a general rule, money in the custody of the law, or in the hands of 
an officer of the law, is not liable to be reached by garnishee process. Money 
in the hands of school directors or their treasurer, is not liable to garnish- 
ment. The reason is that the money or property is in the custody of the 
law, and while it so remains it is not the property of the debtor, to satisfy 
whose debt the process is instituted. Nor is such officer his debtor. While 
the money is in the hands of the officer the law may control it, and prevent- 
ing its ever reaching the hands of the person whose debt is thus sought to be 
satisfied. MllUson v. Fish, 43-112; Bivens v. Harper, 59-21. 

§ 14. On the first Mondays in April and October of every year, 
the township treasurer shall lay before the board of trustees a state- 
ment showing the amount of interest, rents, issues and profits that 
have accrued or become due since their last regular half yearly meet- 
ing, on the township lands and township funds, and also the amount 
of State and county fund interest on hand. He shall also lay before 
the said trustees all books, notes, bonds, mortgages and all other evi- 
dences of indedtedness belonging to the township, for the examina- 
tion of the trustees; and shall make such other statement as the 
board may require, touching the duties of his office. 

§ 15. The said township treasurer shall make out annually, and 
present to the board of trustees, at their meeting succeeding the an- 
nual election, a complete exhibit of the fiscal affairs of the township, 
and of the several districts or parts of districts in the township, 
showing the receipts of money, and the sources from which they 
have been derived, and the deficit and delinquencies, if there be any, 
and the cause, as well as a classified statement of moneys paid out, 
and the amount of obligations remaining unpaid. 

§ 16. The township treasurer shall, within two days after the first 
Monday of April, and on July 15th in each year, make out for each 
district or part of district in the township, a statement or exhibit of 
the exact condition of the account of such district or part of district, 
as shown by his books on April 1 and June 30 of each year; which 



67 

statement or exhibit shall show the balance at the time of making 
the last exhibit, and the amount received since, up to the time of 
making the exhibit, and when and from what source received; and it 
shall also show the amount paid out during the same time, to whom 
paid, and for what purpose, and shall be balanced, and the balance 
shown. It shall be the duty of said treasurer to comply with any 
lawful demand the said trustees may make as to the verification of 
any balance reported by said treasurer to be on hand. The exhibit 
shall be subscribed and sworn to by the treasurer before any officer 
authorized to administer an oath, and shall then, by the treasurer, 
be, without delay, delivered or transmitted by mail to the clerk of 
the board of directors of the proper district. It shall be the duty of 
the said clerk, upon receiving such exhibit, to enter the same upon 
the records of the district, and, at the next annual election of direc- 
tors thereafter, to cause a copy thereof to be posted up at the front 
door of the building where such election is held. 

§ J 7. For a failure on the part of the treasurer, clerk of any board 
of directors, or any director, to comply with any of the requirements 
of the preceding sections of this article, he shall be liable to a penalty 
of not less than $5 nor more than $50, to be recovered before any 
justice of the peace of the county in which the offense is committed. 

§ 18. When any order drawn for the payment of a teacher, is 
presented to the township treasurer for payment, and is not paid for 
want of funds, the said treasurer shall make a written statement over 
his signature by an endorsement on such order, with date, showing 
such presentation and non-payment, and shall make and keep a 
record of such endorsement. Such order shall thereafter draw in- 
terest at the rate of seven per cent per annum until paid, or until the 
treasurer shall, in writing, notify the clerk of the board of directors 
that he has funds to pay such order, and of said notice, the said 
treasurer shall make and keep a record; after giving said notice, he 
shall hold the funds necessary to pay such order until it is presented 
for payment, and such order shall draw no interest after the giving 
of said notice to said clerk of the board. (As amended by an act ap- 
proved April 24, 1899.) 

§ 19. In addition to the foregoing requirements, it shall be the 
duty of the said township treasurer — 

First — To return to the county clerk of his county, on or before 
the second Monday of August in each year, the certificate of tax levy 
made by each board of school directors in his township. 

Second — To pay, whenever he has funds in his hands belonging to 
the district, all lawful orders drawn on him by the board of directors 
of any school district in his township. 

Third — To collect, from the collector of taxes of the township and 
the county collector of taxes, the full amount of the tax levies made 
by the several boards of directors in his township. 

Fourth — To examine the official record of each school district in 
the township on the first Mondays in April and October of each year. 

Fifth — To keep a correct account between the districts where pu- 
pils are transferred by the directors from one district to another. 



68 

Sixth — To give, upon the order of the trustees of schools, notice of 
the election of trustees, as required by law. 

Seventh — To give, in case of the formation of a new school district^ 
notice of the election of a board of school directors. 

Eighth — To cause to be published, in some newspaper published 
in his county an annual statement of the finances of the township as 
required by law. 

Ninth — To make, whenever a change has been made in the bound- 
aries of a school district, a complete copy of the records of the trus- 
tees, a map of the township showing such change of boundaries, and 
an accurate list of the taxpayers in the newly arranged districts, and 
file the same with the county clerk within twenty days of the time 
such change was made. 

Tenth — To file and safely keep all poll-books and returns of election 
which may be delivered to him under any provisions of this act. 

Eleventh — To receive and safely keep all moneys, securities, papers, 
and effects belonging to the township or the school districts which, 
by law, are required to be deposited with such treasurer. 

§ 20. For any failure or refusal to perform all the duties required 
of the township treasurer by law, he shall be liable to the board of 
trustees, upon his official bond, for all damages sustained, to be re- 
covered by action of debt by said board, in their corporate name, for 
the use of the proper township, before any court having jurisdiction 
of the amount of damages claimed: but if such treasurer, in any such 
failure or refusal, acted under and in conformity to a requisition or 
order of said board, or a majority of them, entered upon their journal 
and subscribed by their president and clerk, then, and in that case, 
the members of the board aforesaid, or those of them voting for such 
requisition, or order aforesaid, and not the treasurer, shall be liable, 
jointly and severally, to the inhabitants of the township for such 
damages, to be recovered by an action of assumpsit in the official name 
of the county superintendents of schools, for the use of the proper 
townships: Provided, that said township treasurer shall be liable for 
any part of the judgment obtained against said trustees which can 
not be collected on account of the insolvency of such trustees. J 

1. This section is highly penal, and to render trustees liable, the provisions 
of the statute must be literally fulfilled. Such statutes are strictly construed, 
and there can be no liability incurred under this section until the act is re- 
quired or ordered by the trustees, and the order signed as required. Loving- 
ston V. Board of Trustees, 99-564. 

2. Where a township treasurer releases a mortgage given to secure an 
indebtedness due the principal of the township fund, w^ithout an order from 
the board of trustees, entered upon its journal and attested by its president 
and clerk, he will be liable upon his official bond for any loss sustained in 
consequence thereof. Board of Trustees v. Misenheimer, 78-23. 

§ 21. Whenever a township treasurer shall resign or be removed, 
and at the expiration of his term of office, he shall pay over to his 
successor in office, all money on hand, and deliver over all books, 
notes, bond, mortgages and all other securities for money, and alt 
papers and documents, of every description, in which the corporation 
has any lawful interest whatever; and, in case of the death of the 



69 

township treasurer, his securities and legal representatives shall be 
bound to comply with the requisitions of this section, so far as the 
said securities and legal representatives may have the power so to do ; 
and, for failure to comply with the requisitions of this section, the 
persons neglecting or refusing shall be liable to a penalty of not less 
than ten (30) dollars nor more than one hundred (100) dollars, at 
the discretion of the court before which judgment may be obtained, 
to be recovered in an action of debt, in the name of the trustees of 
schools, before any justice of the peace, for the benefit of the school 
fund of such township: Provided, that the obtaining or payment 
of such judgment shall in no wise discharge or diminish the obliga- 
tion of the persons signing the official bond of such township treas- 
urer. 

1. When a delinquent treasurer goes out of olfice and retains moneys which 
he received by virtue of his office, and refuses to pay the same to his suc- 
cessor in office, a right of action is created thereby in favor of the board of 
trustees, and against the delinquent and his sureties on his official bond, 
w^hether an apportionment or division of the fund has been struck or not 
among the various districts of the township. And when an apportionment 
has been made to the several districts, it is not necessary that the board 
should sue to the use of the districts. The money recovered would be held 
in trust for the districts entitled to the same, according to the apportionment. 
Trustees of Schools v. Stokes, 3A-267. 

§ 22. The township treasurers shall receive in full, for all serv- 
ices rendered by them, a compensation to be fixed, prior to their 
election, by the board of trustees. 

1. This section, in express terms, prohibits any extra pay for the perform- 
ance of any duty imposed by the statute. Lovingston v. Board of Trustees, 
99-564. 

2. Where a school treasurer is permitted to retain two per centum of all 
moneys paid out, this means for the current year. A treasurer cannot con- 
tinue from year to year to pay out the revenues in his hands, including his 
own commission, whether as a gratuity or from ignorance of his rights in 
the premises, and then on becoming better informed as to his rights, break 
in on the revenue raised for the support of the public schools of the current 
year for back salary. Bunn v. The People, 32A-410. 



Article V. 



BOARD OF DIRECTORS. 



Section 1. In all school districts having a population of less 
than one thousand inhabitants, and not governed by any special act 
in relation to free schools now in force, there shall be elected in the 
manner hereinafter provided for, a board of directors to consist of 
three members. (As amended by an act approved June 1, 1889.) 

§ 2. The directors of each district are hereby declared a body 
politic and corporate, by the name of "School Directors of District 

No township No range county of 

and State of Illinois," and by that name may sue and 

be sued in all courts and places whatever. 



70 

1. The board of school directors, though a corporation, are possessed of 
certain specially defined powers, and can exercise no others, except such as 
result, by fair implication, from the powers granted. Glidden v. Hophins, 
47-535; Wells v. The People, 71-532; Peers v. Board of Education, 72-508; 
School Directors v. Fogleman, 76-189. 

2. The powers of school directors are limited to those expressly granted, 
or such as result by necessary implication from those granted. Stevenson 
V. School Directors, 87-255. 

3. The duties of school directors are derived exclusively from the statute, 
are specifically defined, and if they excercise powers and functions not con- 
ferred upon them, the statute has made them responsible for all losses that 
may ensue. Adams v. State of Illinois, 82-132; Sharp v. Smith, 32A-336. 

4. Directors can exercise only such powers as may be given by law, and 
such a,s results from fair implication from such powers, and if they exceed 
such powers and do an act expressly prohibited by law, their action is void. 
Wells V. The People, 71-532; Stanhope v. School Directors, 42A-570. 

5. The statute prescribes the duties, and defines the powers of a board of 
school directors, in terms clear and explicit, and that body can exercise no 
other powers than those expressly granted, or such as may be necessary to 
carry into effect a granted power. School Directors v. Wright, 43 A- 270. 

6. One board of school directors has no power under our school law to 
make contracts wholly to be carried out in the future, to divest future boards 
of the power to select the teachers they shall desire, for the terms to be com- 
menced after their organization. School Directors v. Ann Hart, 4A-224. 

7. Directors cannot be permitted, five days before the current school year 
expires, to hire a teacher, perhaps obnoxious to the people of the district, to 
teach a term of school extending three months or nearly so into the ensuing 
school year. Cross v. School Directors, 24A-191. 

8. School directors have no power to make contracts for the employment 
of teachers for terms to commence beyond the expiration of the current 
school year. There is no objection to contracts for the teaching of terms ex- 
tending for a reasonable time beyond the current school year, when such con- 
tracts are entered into in good faith, and not for the purpose, merely, of 
forcing upon the district an unsatisfactory teacher or defeating the will of 
the voters at the annual election. Stevenson v. School Directors, 87-255. 

9. The statute requires an annual reorganization, and the intention of the 
statute is that the board organized for the school year shall exercise the 
powers and control the schools of their district during that year. Davis v. 
School Directors, 92-293. 

10. It becomes manifest that if, just before the school year ends, two directors 
were to employ teachers and make all contracts of every kind for the ensuing 
year, against objections of the other director, and one of those making such 
contract should not be re-elected, and his successor was opposed to all of the 
contracts thus made, the school and the affairs of the district would, during 
the year, be governed and controlled by but one director. To suffer such 
contracts to be made would take the control of the affairs of the district 
from the board organized and empowered to control the schools of the dis- 
trict, and thus by this means thwart the object and evident intent of the 
statute. Ibid. 

11. The persons assuming to act as directors of a district are the only par- 
ties that need to be brought before the court to test the validity of the organ- 
ization of the district. Chessire v. The People, 11-493. 

12. The acts of officers de facto are as valid and effectual where they concern 
the public or the rights of third persons, as though they were oflicers dejure. 
School Directors v. Tingley, 73A-471. 

13. The presumption in regard to school, as well as all other public officers, 
when assailed collaterally, is, that they are lawful until the contrary is 
clearly established; and a court can indulge in no presumption of irregularity 
except where it is expressly agreed to exist. People v. Newben-y, 87-41. 



71 

14. Where there is but one office, there can not be an ofScer dc jure and an 
oflBcer de facto, both in possession of the office at the same time. Where one 
rightfully entitled to the office, is discharging- its functions and actually in 
possession, the acts of another obtruding himself into the office are void. 
School Directors v. National School Furniture Company, 53A-254. 

15. Where a judgment is obtained by fraud, a court of equity will restrain 
its collection. But where the debt on which the judgment is based is a valid 
one, when the party obtaining the judgment has acted in good faith and 
obtained service on one acting as clerk for the only board really acting as 
directors, a court of equity should not interfere. Ihid. 

16. A school district cannot recover from another district, which has col- 
lected taxes upon lands within the former through a mistake of the olerk as 
to the location of the lands, a greater sum than it has levied and would have 
collected had there been no mistake. Walser v. Board of Education, 160-372; 
Board of Education v. Board of Education, 57A-288, affirmed. 

17. A school district which has collected its full tax levy cannot recover 
from another district taxes collected by it upon lands within the former 
through a mistake of the clerk as to the location of the lands, although the 
rate per centum of the tax as extended in the former was thereby made greater 
than it otherwise would have been. Ibid. 

18. Tax-payers in one school district who voluntarily pay a tax levied by 
mistake upon their lands, to another district, cannot recover back the same, 
vphere the books were kept open and means of knowledge of all the facts 
existed, although they supposed they were paying the tax of the district in 
which their lands lay. Ibid. 

19. A contract for a school building, signed by the individual directors of 
the district, is the obligation of the district, where the contract recites that 
the board of directors is the party of the second part, that the parties have 
hereunto set their hands, and it is stipulated that the contractor completed 
the building for the district and that it was accepted by the board. Wabash 
Railroad Company v. The People, 202-9. 

20. The fact that there is money in the treasury of a school district which 
may be applied to building a school house, adds nothing to the power of the 
directors to make a contract for the building, where it is not shown that such 
money was applied to or set apart for that purpose. Ibid. 

21. The directors of school districts are by statute declared to be bodies 
politic and corporate. They are invested w^ith corporate powers for a few 
specific purposes. Where there is a school district de facto, and school 
directors elected for it, and they proceed to build a school house, and a tax is 
levied for the purpose of paying for the school house, such school directors 
are officers de facto by color of election, and are exercising an office to which 
the power to levy a tax is incident. Trumbo v. The People, 75-561. 

22. Where a school district is formed in violation of statutory provisions, 
the legality of the formation of such district can not be enquired into in a 
collateral proceeding The only mode in which the illegality can be taken 
advantage of, is by information in the nature of a quo warranto. People v. 
Newberry, 87-41; Remvick v. Hall, 84-162; People v. Trustees of Schools, 111-171. 

23. In a proceeding by information in the nature of a quo warranto where 
school directors are called on to show by what warrant they exercise the func- 
tions of their office, they are bound to exhibit good authority for acting as 
such officers. It is not enough to allege generally that they were duly elected 
to office; it is necessary to state particularly how they were elected, and hovr 
the school district, of which they claim to be directors, has been formed. 
Carrico v. The People, 123-198. 

24. A change in a school district can not ordinarilj'^ be questioned collater- 
ally. A much stricter rule prevails in a direct proceeding questioning the 
corporate existence of the body and its right to exercise corporate functions. 
An information in the nature of a quo warranto is the proper remedy to test 
the legality of the formation of a school district. School Directors v. School 
Directors, 135-464. 



72 

25. That a school house site has been selected, contracts for work and 
materials made, bonds issued and sold and a teacher engaged does not ope- 
rate as an estoppel against a proceeding by information in the nature of a 
quo warranto against school directors to test the legality of the organization 
of the district, where it does not appear that the bonds were sold or the 
money expended before the filing of the information, and the hiring of the 
teacher was after that time. Mason \. The People, 185-303. 

26. After a considerable lapse of time public policy forbids that discretion- 
ary writs like those in quo warranto and ceHiorari should be granted. Where 
more than fire years have elapsed since the formation of a district, and dur- 
ing that time the majority of the people in the district had the power to 
change it, if they saw^ proper, it is better, through the proper school officers, 
to reorganize the districts, if it is desired, as they were before, than to open 
up an indefinite field of strife and litigation by nullifying the action of the 
trustees and thereby declaring eyerything done pursuant thereto illegal. 
People T. Boyd, 30A-608. 

27. Under our form of government all power emanates from the people. 
The right to inquire into the authority by which any person assumes to exer- 
cise the functions of a school office, belongs to the people as a part of their 
sovereignty. In the quo warranto proceeding the people are the plaintiffs, 
whether upon the relations of a third person, or not. The rule that, where a 
new right and a remedy for its invasion are conferred by the same statute, 
parties injured are confined to the statutory redress, does not apply to the 
people. Snowball v. The People, 147-260. 

28. Because the statute provides a mode of contesting elections in the 
county court, it does not follow that the people, in their sovereign capacity, 
are thereby precluded from inquiring by information in the nature of a quo 
warranto into usurpations of office. The two remedies are distinct, the one 
belonging to the elector in his individual capacity as a power granted, and 
the other to the people in the right of their sovereignty. Ihid. 

29. A board of directors cannot maintain a suit to compel a deed for a 
school house site. Such suit can be brought only in the name of the school 
trustees, who, as a quasi corporation, have the entire control of such matters. 
The school directors, as such, cannot interfere and have no such interest in 
the subject. A suit for such purpose could only be maintained in the name 
of the trustees of schools, or in the name of some tax-payer or other person 
having a pecuniary interest in the matter, by showing that the trustees re- 
fused to perform their duty. The law invests the school directors with no 
such interest. Wilson v. School Directors, 81-180. 

30. Where a contractor accompanies his bid for the performance of certain 
work for a board of education w^ith a deposit of a sum of money under an 
understanding and agreement to forfeit the sum so deposited in case of his 
neglect or refusal to enter into a contract to do the w^ork, and writhout any 
default on the part of the board of education, he fails to execute the contract 
agreed bo be made, he cannot recover the money so deposited, and the board 
of education may rightfully declare the same forfeited to its own use. 
Robinson v. Board of Education, 98A-100. 

31. It is a fraud upon the rights of the people of a district for the directors 
to allow a decree to be entered against the district without interposing any 
defense, and no one of the board of directors should be allowed to profit by 
a fraudulent act. When they assume the position of school directors, they 
have no right to allow private interests to conflict with public duty. Equity 
and good faith require them to defend and protect the property of the district 
to the best of their skill and ability, regardless of any and all private interests 
which they may have, and when they fail to do this, they prove recreant to 
their trust, and their acts cannot be upheld in a court of equity. Noble v. 
School Directors, 117-30 

32. It is true that a defendant that has been negligent, and allowred a 
judgment to be rendered against him through his laches, cannot come into 
court and obtain relief as against his own negligent acts. But the principle 
which precludes a negligent party from obtaining relief, has no application 



73 

to a case of this character. Here, oiBcers intrusted with the rights of the 
public have disregarded their trust, and suffered the district to be defeated 
in their own private interests. Ibid. 

§ 3. Any person, male or female, married or single, of the age of 
21 years and upwards, who is a resident of the school district, and 
who is able to read and write in the English language, shall be eligi- 
ble to the office of school director: Provided, that no person shall 
be eligible to the office of school director who is at the time a mem- 
ber of the board of school trustees. 

§ 4. If any director shall, during the term of his office, remove 
from the district in which he was elected, his office shall thereby be- 
come vacant and a new director shall be elected, as in other cases of 
vacancy in office. 

§ 5. The annual election of school directors shall be on the third 
Saturday of April, when one director shall be elected in each district, 
who shall hold his office for three years, and until his successor is 
elected. 

1. A person cannot be legally elected to the office of school director for a 
district in Illinois by persons voting for him in some other state. The right 
of an elector to vote outside of the State for an office within the State, is not 
recognized by either our Constitution or statute. Both require that he shall 
hare resided in the State one year, in the county 90 days, and in the district 
where he seeks to cast his vote 30 days. School Directors v. National School 
Furniture Company, 53A-354. 

§ 6 In new districts, the first election of directors may be on any 
Saturday, notice being given by the township treasurer, as for the 
election of trustees, when three directors shall be elected, who shall, 
at their first meeting, draw lots for their respective terms of office 
for one, two and three years. 

§ 7. When vacancies occur, the remaining director or directors, 
shall, without delay, order an election to fill such vacancies, which 
election shall be held on Saturday. 

§ 8. Notice of all elections in organized districts shall be given 
by the directors at least ten days previous to the day of said election. 
Said notice shall be posted in at least three of the most public 
places in the district, and shall specify the place where such election 
is to be held, the time of opening and closing the polls, and the 
question or questions to be voted on. 

1. Where notice of an election for several purposes is given, it will be 
held to be sufficient if there is no doubt as to its meaning. Merritt v. Ferris, 
22-303. 

§ 9. Should the directors fail or refuse to order any regular or 
special election, as aforesaid, it shall be the duty of the townshii^ 
treasurer to order such election, and if the township treasurer fails 
to do so, then it shall be the duty of the county superintendent to 
order such election of directors within ten days, in each case of such 
failure or refusal, and the election held in pursuance of such order 
shall be yalid the same as if ordered by the directors. 

§ 10. Two of the directors ordering such election shall act as 
judges, and one as clerk of such election. But if said directors or 



74 

any of them shall fail to order an election, to attend to or shall refuse 
to act when present, and in all unorganized districts, and in elections 
to fill vacancies, the legal voters when assembled shall choose such 
additional members as may be necessary to act as two judges and a 
clerk of said election: Provided, that if upon the appointment for 
said election, the said directors or judges shall be of the opinion that, 
on account of the small attendance of voters, the public good requires 
it, or if the voters present, or a majority of them, shall desire it, they 
shall postpone said election until the next Saturday, at the same 
place and hour, when the voters shall proceed as if it were not an 
adjourned meeting. And, provided, also, that if notice shall not 
have been given as above required, then said election shall be ordered 
as aforesaid and holden on any Saturday, notice thereof being given, 
as aforesaid. 

1. The provisions of the statute as to the manner of conducting the details 
of an election are not mandatory, but directory, and irregularities in con- 
ducting an election and counting the votes, not proceeding from any wrong- 
ful intent, and vehich deprive no legal voter of his vote and do not change 
the result, will not vitiate the election. Acherman v. Haenck, 147-514. 

2. A woman under the age of twenty-one is not entitled to vote at a school 
election. Collier v. Anlicker, 189-34. 

3. A vote cast by a foreign-born woman whose husband was never natur- 
alized, and who has not been naturalized herself, is illegal. Ibid. 

4. The statutory requirements of residence of one year in the State, ninety 
days in the county and thirty days in the election district, apply to w^omen 
voting at school elections. Ihid. 

5. Persons who have not resided in the county where a school district is 
situated, for ninety days preceding the election for school director, are not 
entitled to vote. Ibid. 

6. Removal for several months, when no residence is acquired, does not 
forfeit residence for the purpose of voting. Ibid. 

7. The fact that a citizen and legal voter of this State is temporarily en- 
gaged in business in another State does not deprive him of the right to vote 
here. Ibid. 

8. The registration law does not embrace school elections or elections other 
than those within its terms. Bloome v. Hograeff, 193-195. 

9. If a legal voter is challenged upon some ground which does not go to 
his qualification as a voter, such voter is entitled to vote without making an 
affidavit. Ibid. 

10. The statute provides that whenever any person oifering to vote is not 
personally knowm to the judges of election to have the qualifications of a 
voter, he shall make and subscribe an affidavit and furnish the affidavit of a 
witness in the forms given in such statute. If they refuse to permit a person 
to vote and require him to make an affidavit, although, as a matter of fact, he 
may be known to them, he is not relieved from the necessity of making the 
proof required by the statute. Ibid. 

11. If there is no difficulty in determining for whom qualified voters at- 
tempted to vote and the proper result can be reached with certainty, such 
votes should be counted on contest, and the entire election is not to be set 
aside even though the ballots cast by such voters were not allowed to be 
deposited in the ballot box but were placed by themselves in another recep- 
tacle, and preserved, sealed up and produced on the contest as rejected ballots. 
Ibid. 

§ 11. In case of a tie vote, the judges shall decide it by lot on the 
day of election. 



75 

§ 12. Within ten days after every election of directors, the judges 
shall cause the poll-book to be delivered to the township treasurer, 
with a certificate thereon showing the election of said directors and 
the names of the persons elected; which poll-book shall be filed by 
the township treasurer, and shall be evidence of said election. 

1. Ballots are the best evidence of the result of an election if it appears 
that they have been preserved in the manner and by the officers prescribed 
in the statute, and have not been so exposed to the reach of unauthorized 
persons as to afford a reasonable probability of their having been changed or 
tampered with. Collier v. Anlicker, 189-34. 

2. The returns of the judges of an election cannot be accepted as conclu- 
sive of the result of an election v^^here they show that more votes were cast 
than there were names on the poll-list, which is in evidence, since such fact 
shows a failure on the part of the judges to comply with the election law. 
Ibid. 

3. If the evidence is such as to discredit, to some extent, both the ballots 
and the returns, the true result must be determined both from the returns 
and the ballots and all the circumstances in the case. Ibid. 

§ 13. In case of a union district, made up of parts of two^'or more 
townships, the poll-books shall be returned to the township treasurer 
who receives the tax money for said district. 

§ 14. For a failure to deliver the poll-book within the time pre- 
scribed, the judges shall be liable to a penalty of not less than 
twenty-five (25) dollars nor more than one hundred (100) dollars to be 
recovered in the name of the People of the 8tate of Illinois, by action 
of assumpsit, before any justice of the peace of the county, which 
penalty, when recovered, shall be added to the township school fund 
of the township. 

§ 15. The directors, within ten days after the annual election of 
the directors, shall meet and organize by appointing one of their 
number president, and another of their number clerk of such board 
of directors. 

1. The statute requires an annual reorganization, and the intention of the 
statute, is that the board organized for the school year shall exercise the 
powers and control the schools of their district during that year. Davis v. 
School Directors, 92-293. 

2. It becomes manifest that if, just before the school year ends, two directors 
were to employ teachers and make all contracts of every kind for the ensiling 
year, against objections of the other director, and one of those making such 
contract should not be re-elected, and his successor was opposed to all of 
the contracts thus made, the school and the affairs of the district would, 
during the year, be governed and controlled by but one director. To suffer 
such contracts to be made would take the control of the affairs of the district 
from the board organized and empowered to control the schools of the district, 
and thus by this means thwart the object and evident intent of the statute. 
Ibid. 

§ 16. Two directors shall be a quorum for business. 

1. Where an honest and reasonable effort has been made to notify the ab- 
sent director, though unavailing, the other two may legally act. School Di- 
rectors V. Sprague, 78A-390; Adkins v. Mitchell, 67-511. 

§ 17. The clerk of such board of directors shall keep a record of 
all the official acts of the board in a well bound book provided for 
that purpose, which record shall be signed by the president and 



76 

clerk, and shall be submitted to the township treasurer for his in- 
spection and approval on the first Mondays of April and October, 
and at such other times as the township treasurer may require. 

1. The statute does not make the record kept by the clerk the only evi- 
dence of the action of the directors, and unless the law expressly and imper- 
atirely requires all matters to appear of record, and makes the record the 
only evidence, parol proof is admissable to prove things omitted to be stated 
on the record. School Directors v. Kimmel, 31A-537. 

§ 18. The board of directors shall hold regular meetings at such 
times as they may designate; and they may hold special meetings as 
occasion may require, at the call of the president or any two 
members. 

§ 19. No official business shall be transacted by the board except 
at a regular or special meeting. 

1. Under this section a board of directors has no power to employ a 
teacher except at a regular or special meeting, convened and held as required 
by law. School Directors v. Jennings, lOA-643; Stewart v. School Directors, 
24A-229; Robinson v. School Directors, 96A-604. 

2. Where there is no formal notice of a meeting, but the directors agree to 
meet the morning of a certain day, that is sufficient. If there was an agree- 
ment of all the directors to meet, no formal notice was necessary. Olney 
School District v. Christy, 81A-304. 

3. The statute provides that no official business of the board shall be 
transacted except at a regular or special meeting. Yet where the directors 
meet specially for the purpose of considering the matter of hiring a teacher, 
the fact that they proceeded informally and make no record, should not af- 
fect the validity of what they do, so far as the teacher is concerned. Pollard 
V. School District, 65A-104; Robinson r. School Directors, 96A-604. 

4. A regular meeting is one held at a designated time, but a special meet- 
ing may be held as occasion may require, on the call of the president or of 
two members. No business can be transacted unless at a regular or special 
meeting, but a special meeting may be held on call. It is not provided what 
notice shall be given in a case of a special meeting, and the law would imply 
reasonable notice. Plainly the object of this provision ia that every member 
may be notified when business will be in order. People v. Frost. 32A-242. 

5. Reasonable notice vrould be necessary to require attendance at a special 
meeting, yet if the notice were unduly short, and the members so notified 
chose to waive the objection, they might do so and the meeting would be 
good; and so if the members all came togethei with no previous intention of 
transacting business, it would be competent for them, upon suggestion and 
by mutual agreement, to proceed to hold a meeting and transact any official 
business they might deem necessary. Ibid. 

6. It is a matter of common knowledge, that formerly persons would call 
on the directors severally and procure contracts purporting to bind the dis- 
trict without the joint or concurrent action of the members constituting the 
board. To correct this evil, section 19, article 5 was enacted, providing that 
no business should be done by the board of directors, except at a regular or 
special meeting. But the language of this section does not have reference to 
the particular manner in which special meetings may be called, but as a pro- 
hibition upon doing business by the members of the board of directors, unless 
a meeting is assembled. Lawrence t. Traner, 136-474. 

§ 20. If the president or clerk be absent from any meeting, or, 
being present, refuses to perform his official duties, a president or 
clerk pro tempore shall be appointed. 



77 

§ 21. The clerk of each board of school directors shall report to 
the township treasurer or treasurers of the proper township or town- 
ships, immediately after the organization of the board, the names of 
the president and clerk of such board. 

§ 22. On or before the seventh day of July, annually, the clerk of 
each board of directors shall report to the township treasurer having 
the custody of the funds of such district, such statistics and other 
information in relation to the schools of his respective district as the 
township treasurer is required to embody in his report to the county 
superintendent, and the particular statistics to be so reported shall 
be determined and designated by the State Superintendent of Public 
Instruction, or by the county superintendent. 

§ 23 No director shall be interested in any contract made by the 
board of which he is a member. 

1. Where bonds are issued by a board of directors, and a portion of them 
are sold to members, such bonds are void and a tax cannot be leg-ally levied 
to pay interest thereon; the directors have no povs^er to purchase them from 
a board of which they are members, and a tax levied to meet the interest on 
them may be enjoined. Sherlock v. Winnetka, 59-390; Sherlock v. Winnetka, 
68-530; Hewett v. Board of Education, 94-528. 

3. The statute absolutely prohibits a director from being interested in any 
contract made by the board of which he is a member. This embraces every 
contract, whether express or implied, by virtue of which money may be 
drawn from the treasurer; and it cannot be evaded by appropriations or pay- 
ments from the treasurer for labor performed, or materials furnished for the 
benefit of the district, on the pretext they were performed or furnished with- 
out any contract, but being beneficial to and enjoyed by the districts, should 
be paid for as a matter of justice. Both the letter and the spirit of the law 
forbid that directors shall, in any wise, whether directly or indirectly, open 
or covertly, become interested in demands or claims, originating while they 
are directors, to be satisfied by payments from the funds of their districts; 
and this construction must be rigidly enforced by the courts, without regard 
to the moral or equitable considerations that may urge a different policy in 
particular cases. School Directors v. Parks, 85-338. 

§ 24. No director shall be interested in the sale, proceeds or profits 
of any book, apparatus or furniture used or to be used in any school 
in this State with which he may be connected. 

§ 25. Any person offiending against the provisions of the two pre- 
ceding sections shall be liable to indictment, and upon conviction, 
shall be fined in any sum not less than twenty-five (25) dollars and 
not more than five hundred (500) dollars, and may be imprisoned in 
the county jail not less than one nor more than twelve months, at 
the discretion of the court. 

§ 26. It shall be the duty of the board of directors of each 
district — 

First — At the annual election of directors to make a detailed 
report of their receipts and expenditures to the voters there present, 
and transmit a copy of such report to the township treasurer within 
five days from the time of said election. 

Second — To report to the county superintendent within ten days 
after their employment, the full names of all persons employed as 
teachers, the date of the beginning and the end of their contract. 



78 

Third — To provide for the necessary revenue to maintain free 
schools in their district in the manner provided for in article 8 of 
this act. 

Fourth — When a district is composed of parts of two or more town- 
ships, the directors shall determine and inform the collectors of said 
townships, and the collector or collectors of the county or counties in 
which said townships lie, in writing, under their hands as directors 
which of the treasurers of the townships from which their district is 
formed shall demand and receive the tax money collected by the said 
collector as aforesaid. 

Fifth — To establish and keep in operation for at least one hundred 
and ten (110) days of actual teaching in each year, without reduction 
by reason of closing schools on legal holidays, or for any other cause 
and longer, if practicable, a sufficent number of free schools for the 
accommodation of all children in the district over the age of six ((5) 
and under twenty-one (21) years, and shall secure for all such chil- 
dren the right and opportunity to an equal education in such free 
schools. 

1. If any child is actually dwelling' in any school district so that some per- 
son there has the care of it, and it is within the school age, and not incapable 
by reason of physical infirmity, of attending school, and is not instructed 
elsewhere, then that child must go to the public school. Board of Education 
V. Lease, 64A-60. 

Sixth — To adopt and enforce all necessary rules and regulations 
for the management and government of the schools. 

2. The directors undoubtedly have the power to make and cause to be en- 
forced all reasonable rules and regulations for the government of schools in 
their respective districts. What are reasonable rules, is a question of law for 
the court, to be determined in view of the facts in each particular case. 
Thompson v. Beaver. 63-357; Roberson v. Trouett, 17A-386. 

3. Under the power to prescribe necessary rules and regulations for the 
management and government of the school, the board of directors may, un- 
doubtely, require classification of the pupils with respect to the branches of 
study they are steadily pursuing, and with respect to proficiency or degree 
of advancement in the same branches; and that there shall be prompt attend- 
ance, diligence in study, and proper deportment. Trustees of Schools v. The 
People, 87-303. 

4. In the performance of their duty in carrying the law into effect, the 
directors may prescribe certain rules and regulations for the government of 
the schools in their district, and enforce them. But all such rules and regu- 
lations must be reasonable. The law having conferred upon each child of 
proper age the right to be taught the enunaerated branches, any rule or regu- 
lation which, by its enforcement, would tend to hinder or deprive the child 
of this right cannot be sustained. All rules must be adapted to the promo- 
tion and accomplishment of this grand and paramount object of the law. 
Rulison V. Post, 79-567. 

5. While school directors and board of education are invested with power 
to establish, provide for, govern and regulate public schools, they have no 
authority to exclude children from the public schools on the ground that they 
refuse to be vaccinated, unless, indeed, in eases of emergency, in the exer- 
cise of the police power, it is necessary, or reasonably appears to be neces- 
sary, to prevent the contagion of small-pox. Potts v. Breen, 167-67; School 
Directors v. Breen, 60A-201, affirmed. 

6. Children infected with or exposed to small-pox may be temporarily 
excluded or the school temporarily suspended; but such power is justified by 
emergency, and, like the necessity which gives rise to it, ceases when the 



79 

necessity ceases. No one would contend that a child could be permanently 
excluded from a public school because it had been exposed to small-pox or 
that the school could be permanently closed because of the remote fear that 
the disease of small-pox might appear in the neighborhood, and that if the 
school should then be open and children in attendance upon it the public 
would be exposed to the contagion. Ibid. 

7. A rule that would bar the doors of the school house against little chil- 
dren who had come a great distance in the cold of winter, for no other reason 
than that they were a few minutes tardy, is unreasonable, and therefore un- 
lawful. In its practical operation it amounts to little less than wanton 
cruelty. Thompson v. Beaver, 63-353. 

8. A rule that caused a child, who arrived at school age only 31 days after 
the fall term commenced, to lose the benefits of the free school, not only 
during the remaining months of that term, but also during the whole of the 
following winter term, w^as not a reasonable one or calculated to promote the 
objects of the law. Board of Education v. Bolton, 85A-92. 

9. A rule requiring all pupils to bring w^ritten excuses from their parents 
to teachers for absence, and that such excuse must be satisfactory and reason- 
able, otherwise they w^ill not be granted, is not a hard or harsh one. It does 
not of itself indicate any sinister purpose or wicked force on the part of the 
directors. It does not trench on the rights of any one. This rule is not an 
attack upon, or an abridgement of the inalienable rights of a citizen. 
Churchill v. Fewkes, 13A-520. 

10. A rule adopted by the State Board of Health compelling the vaccina- 
tion of children as a pre-requisite to their attending the public school is un- 
reasonable where small-pox does not exist in the community and there is no 
reasonable cause to apprehend its appearance. The power to compel the 
vaccination of children as a pre-requisite to their attending public schools 
could only be derived from the general police power of this State, and can 
only be justified as a necessary means for preserving health. Lawbaugh v. 
Board of Education, 177-573; Lawbaugh v. Board of Edvxiation, 66A-159, 
reversed. 

11. In an action of trespass brought by a pupil against a teacher to recover 
damages for injuries resulting from an alleged assault and battery, the burden 
of proof is upon the teacher, not only to show that the punishment w^as nec- 
essary, but that it was not excessive or unreasonable. Swigart v. Ballou, 
106A-226. 

12. Where there is a sharply controverted question of fact, whether a pupil 
has committed an offense justifying the teacher in whipping him, and a still 
more sharply controverted question of fact whether, if the teacher was justified 
in administering the whipping, the punishment was excessive, it is important 
that the jury be accurately instructed. Ibid, 

13. The general principle is established by an almost uniform course of de- 
cisions, that a public officer, when acting in good faith, is never to be held 
liable for an erroneous judgment in a matter submitted to his determination. 
All he undertakes to do, is to discharge his ofl&cial duty to the best of his 
ability and with integrity; that he may never err in his judgments, or that he 
may never decide differently from what some other persons may think would 
be just, is no part of his official undertaking. Churchill v. Fewkes, 13A-520. 

14. A mere mistake in judgment, either as to their duties under the law, or 
as to facts submitted to them, ought not to subject such officers to an action. 
They may judge wrongly, and so may a court or other tribunal, but the 
party complaining can have no action when such officers act in good faith 
and in the line of what thej- think is honestly their duty. Any other rule 
might work very great hardships to honest men who, w^ith the very best of 
motives, have fairly and faithfully endeavored to perform the duties of these 
inferior offices. They are considered inferior offices, yet they are of the ut- 
most importance to the public. Ibid. 

15. Where a teacher accepted an appointment subject to the requirements, 
rules and regulations of a board of directors, the teacher was bound by such 
rules and regulations, and a rule in force when such contract was made, that 



80 

the directors might require teachers employed by them to teach in any de- 
partment bhat, in the judgment of the board, the best interests of the schools 
might demand, was as much a part of the contract, and as binding on the 
teacher, as if such rule has been vpritten at length in the contract before it 
was signed by her. City of Jacksonville v. Akers, llA-393. 

16. The authority of a teacher over his pupil being regarded as a delega- 
tion of at least a portion of the parental authority, the presumption is in 
favor of the correctness of the teacher's action in inflicting corporal punish- 
ment upon the pupil. The teacher must not have been actuated by malice, 
nor have inflicted the punishment wantonly. For an error in judgment, al- 
though the punishment is unnecessarily excessive, if it is not of a nature to 
cause lasting injury, and he acts in good faith, the teacher is not liable. Fox 
V. The People, 84A-270. 

17. In the direct performance of the duties imposed by lavr upon school 
directors, they must exercise judgment and discretion. What rules and reg- 
ulations will best promote the interests of the school under their immediate 
control are matters left to the determination of the directors and must be set- 
tled from the best lights they can abtain from any source, keeping always in 
view the good of the school. Good order can only be maintained from en- 
forcing discipline, and that power is largely committed to the directors. 
They have the power of suspension or expulsion, and they may exercise that 
power as a means of discipline for the causes mentioned in the statute. That 
implies declaration and decision on the part of the directors or, as it is some 
times expressed, they act judicially in a matter involving discretion in rela- 
tion to the duties of their office. McCormick v. Burt, 95-363. 

Seventh- — To visit and inspect the schools from time to time as the 
good of the schools may require. 

Eighth — To appoint all teachers and fix the amount of their 
salaries. 

18. There is no contract between a teacher and pupil. The only contract a 
teacher can have is with the directors. It is from them he receives his em- 
ployment and pay as a teacher. Stuchey v. Churchman, 3A-584. 

19. One board of school directors has no power under our school law to 
make contracts wholly to be carried out in the future, to divest future boards 
of the power to select the teachers they shall desire, for the terms to be com- 
menced after their organization. School Directors v. Ann Mart, 4A-224. 

20. Directors cannot be permitted, five days before the current school year 
expires, to hire a teacher, perhaps obnoxious to the people of the district, to 
teach a term of school extending three months or nearly so into the ensuing 
school year. Cross v. School Directors, 24A-191. 

21. School directors have no power to make contracts for the employment 
of teachers for terms to commence beyond the expiration of the current 
school year. There is no objection to contracts for the teaching of terms ex- 
tending for a reasonable time beyond the current school year, when such con- 
tracts are entered into in good faith, and not for the purpose, merely, of 
forcing upon the district an unsatisfactory teacher or defeating the will of 
the voters at the annual election. The spirit and intent of the law are clearly 
repugnant to the idea that one board of directors may, by contracts to be 
carried out wholly in the future, divest future boards of directors of the 
power to select the teachers they shall desire, for the terms to be commenced 
after their org-anization. Stevenson v. School Directors, 87-255. 

22. It becomes manifest that if, just before the school year ends, two di- 
rectors were to employ teachers and make all contracts of every kind for the 
ensuing year, against objections of the other director, and one of those 
making such contract should not be re-elected, and his successor was oppos- 
ed to all of the contracts thus made, the school and the affairs of the district 
would, during the year, be governed and controlled by but one director. To 
suffer such contracts to be made vpould take the control of the affairs of the 
district from the board organized and empowered to control the schools of 
the district, and thus by this means thwart the object and evident intent of 
the statute. Dcwis v. School Directors, 92-293. 



81 

23. Where a special charter makes it the duty of a board, of directors to 
establish a system of graded schools, such directors have the authority to ap- 
point a siiperintendent of the graded schools of such city, and pay him a rea- 
sonable salary for his services. Where there are ten teachers, in different 
rooms, and over 800 pupils, a general superintendent is necessary to the work- 
ing of the systemi, and the power to appoint and pay this officer must be con- 
sidered as given by necessary implication. Spring v. WriyJit, 63-90. 

Ninth — The directors shall direct what branches of study shall be 
taught, and what text books and apx)aratiis shall be used in the sev- 
eral schools, and strictly enforce uniformity of text books therein, 
but shall not permit text books to be changed oftener than once in 
four years, but shall prohibit such change. 

24. No particular branch of study is compulsory upon those who attend 
school, but schools are simply provided by the public in which prescribed 
branches are taught, which are free to all within the district between certain 
ages. Trustees of Schools v. People, 87-303. 

25. This clause is the only provision of the school law which confers the 
power or duty to specifically direct what branches of study shall be taught 
and what text books or apparatus shall be used in the several schools, pre- 
scribing uniformity of text books, but limiting the right to change textbooks 
oftener than once in four years. People v. Board of Education, 175-9. 

26. Boards of education derive this power because it is primarily conferred 
upon boards of directors, and by the general provisions upon boards of edu- 
cation. This being true, boards of education must be also subject to the re- 
strictions imposed by the statute. The reason for prohibiting the cliange of 
text books oftener than once in four years undoubtedly was to save expense 
to parents of small means. Besides, it was regarded as detrimental to the 
pupils to change their text books too frequently. Ibid. 

27. If necessary to limit changes in districts under school directors, the 
reason holds equally good in cities and villages in districts under boards of 
education. The statute prohibiting the change of text books oftener than 
once in four years must be held to apply to boards of education in school 
districts having a population of more than 1,000 inhabitants. Ibid. 

28. Graded writing or copy-books, with printed forms and texts scientifi- 
cally arranged, with printed instructions to each pupil in each book and 
with a manual of instruction for the teachers, are text books for penmanship 
instruction, within the meaning of the act prohibiting changes of text books 
oftener than once in four years. Ibid. 

29. The directors have no power to expel a pupil from school, its privileges 
and benefits, because, under the direction of her parents, she refuses to study 
book-keeping, as it is not one of the branches enumerated in the statute, and 
is one her parents have the option to have taught her. The directors having* 
no such power, they cannot expel such pupil from the benefits and privileges 
of the school for a refusal to comply with this requirement. Rullson v. 
Post, 79-567. 

Tenth — The directors shall have power to purchase, at the expense 
of the district, a sufficient number of the text books used, to supjoly 
children whose parents are not able to buy them. The text books 
bought for such purposes shall be loaned only, and the directors shall 
require the teacher to see that they are x^roperly cared for and re- 
turned at the end of each term of school. 

30. It is a general rule that an attempted enumeration will limit the general 
terms. Upon an examination of the school law applicable to the various 
classes of districts it is found that the Legislature has most carefully limited 
the powers of boards of directors, and the power of such boards to provide 
free text books or purchase books for free general distribution cannot by any 
fair implication be recognized. Harris v. Kill, 108A-305. 

— 6 S L 



82 

Eleventh — The directors shall, on or before the seventh day of 
July, annually, deliver to the township treasurer all teachers' sched- 
ules made and certified as required by the provisions of article 7 
of this act, covering all time taught during the school years, ending 
June 80th, and the directors shall be personally liable to the district 
for any loss sustained by it, through the failure of the directors to 
examine and so deliver such schedules within the time fixed by law. 

Twelfth — The directors shall not pay out any public money to any 
teacher, unless such teacher shall, at the time of his or her employ- 
ment, hold a certificate of qualification, obtained under the provisions 
of this act, covering the entire period of his or her employment. 

31. Prior to July 1, 1893, the statute provided that no teacher should be 
entitled to any portion of the school fund, or be employed to teach who had 
not at the time of the employment, a certificate of qualification, but by the 
amendment in force on the day mentioned, it is sufficient that the teacher 
shall have the certificate at the time he enters upon his duties as such teacher. 
Pollard Y. School District, 65A-104,- School Directors v. Orr, 88A-648. 

Thirteenth — The directors shall not pay any public funds to any 
teacher unless such teacher shall have kept and furnished schedules 
as required by this act, and shall have satisfactorily accounted for 
books, apparatus and other property of the district that he may have 
taken in charge. 

Fourteenth — The directors shall pay teachers' wages monthly. 
Upon the receipt of schedules, properly certified, the directors shall 
at once make out and deliver to the teacher an order on the town- 
ship treasurer for the amount named in the schedule; which order 
shall state the rate at which the teacher is paid according to his con- 
tract, the limits of time for which the order pays, and that the direc- 
tors have duly certified a schedule covering this time. But it shall 
not be lawful for the directors to draw an order until they have duly 
certified to the schedule; nor shall it be lawful for the directors, after 
the date for filing schedules as fixed by law, to certify any schedule 
not delivered to them before that date by the teacher, when such 
schedule is for time taught before the first of July preceding, nor to 
give an order in payment of the teachers' wages for the time covered 
by such delinquent schedule. 

Fifteenth — At the annual election of directors, the directors shall 
cause a copy of the township treasurer's report of the financial con- 
dition of the district, provided by law, to be posted upon the front 
door of the building where such annual election in held. 

§ 27. The board of school directors shall be clothed with the fol- 
lowing additional powers: 

First — To use any funds belonging to their district, and not other- 
wise appropriated, for the purchase of a suitable book for their rec- 
ords. And the said records shall be kept in a punctual, orderly and 
reliable manner. 

Second — Said directors may, where they deem the amount of labor 
done sufficient to justify it, allow the clerk of such board of directors, 
out of any funds not otherwise appropriated, compensation for duties 
actually performed. 



Third — They shall have power to dismiss a teacher for incom- 
petency, cruelty, negligence, immorality or other sufficient cause. 

1. When a teacher is selected and employed, the contract is for the per- 
sonal services of that teacher. A teacher cannot fulfill the contract by hiring 
a substitute. Absence without leave, and the temporary substitution of an- 
other teacher, although competent, is ground for dismissal. School Directors 
V. Hudson, 88-663. 

2. This clause gives the school directors the power to dismiss a teacher for 
various specified causes, including negligence. Tardiness of 15 to 30 minutes 
on the part of the teacher two or three times a week constitutes negligence 
within the meaning of the statute, and the board of directors have a legal 
right to dismiss the teacher for that reason. School Directors v. Birch, 
93A-499. 

3. Where a teacher is discharged and an order is spread upon the record 
kept by the directors in which incompetency and neglect of duty are assigned 
as the causes for such dismissal, the record is binding on the directors, and 
estops them from showing any other or different causes. Neville r. School 
Directors, 36-71. 

4. A certificate of qualification, obtained from the county superintendent 
is prima fade evidence of the fact of his competency to teach. Where a 
teacher is discharged for incompetency, it devolves upon the directors to 
show the want of qualification. The law does not require the highest possi- 
ble qualifications, or a talent for his profession equal to the most eminent 
and successful teachers. It requires only average qualification and ability, 
and the usual application to the discharge of the duties of a teacher, to fulfill 
his contract. Ibid; School Directors v. Reddlck, 77-628. 

5. The law makes it a duty of boards of directors to adopt and enforce 
rules and regulations for the government of their schools. It is the duty of 
the teacher to act in conformity to such rules and regulations. The term 
negligence used in the statute means, the want of ordinary care and atten- 
tion to the performance of a duty, or the failure to observe the rules and reg- 
ulations made by the board of directors. Roherson v. Troutt, 17A-386. 

6. Ability to teach the branches prescribed does not alone qualify a per- 
son to teach our youth. In addition thereto, they should be persons who, for 
their known virtue and morality, are fitted to be trusted with the person and 
mind of the child. They should be entitled to, and receive, the entire confi- 
dence of the patron and pupil. If suspicion of vice or immorality be once 
entertained against a teacher, his influence for good is gone. Tingley v. 
Vaughn, 17A-347. 

7. School directors cannot capriciously discharge a teacher before the ex- 
piration of the time for which he or she is employed. In the language of the 
statute it must be for incompetency, cruelty, negligence, immorality or other 
sufficient cause. The burden of proving the incompetency or other cause, 
rests on the directors. School Directors v. Reddick, 77-628; Robmson v. School 
Directors, 96A-604; Ewlng v. School Directors, 2A-458. 

8. Where a teacher is dismissed on account of the destruction of the school 
house, the school board is not discharged from liability on its contract in the 
absence of an express agreem.ent relating to such possible occurrence. The 
statute makes it the duty of the directors to maintain a school for at least six 
months in the year, and the destruction of the school house does not exonor- 
ate them from the performance of this duty, as they can, in that event, rent 
a suitable room for school purposes. School Directors v. Crews, 23A-367; Corn 
V. Board of Education, 39A-446. 

9. Where a teacher kept a schedule for the period taught, and after dis- 
missal presented it to the directors of the district, this, followed by proof of 
employment and competency to teach, is all that is necessary to enable the 
teacher to recover wages for the entire time she was employed to teach. It 
is not necessary to allege in the declaration that she kept a schedule in ac- 
cordance with the provisions of the statute after the time of her dismissal. 
Scliool Directors v. Reddlck, 77-628. 



84 

10. When a teacher proves a contract of employment for a definite time 
and for a stipulated price and was prevented from fulfilling- it by the act of 
the defendant, and that he vs^as ready, able and willing- to complete it, he is- 
entitled prima facie, to recover the entire sum contracted to be paid, and if 
the defendant can mitigate the damages by showing that the plaintiff had 
employment or could have obtained it by reasonable diligence during the 
whole or any portion of the time, the burden is upon them to prove such fact. 
School Directors v. Crews, 23A-367. 

11. Where a teacher enters into an agreement with a board of directors to- 
teach for a certain time pror)icled he gave satisfaction, it is held, that the spe- 
cial condition in the contract was intended, and had the effect, to reserve to 
the directors the exclusive right to determine what was requii-ed to give sat- 
isfaction and whether it was, in fact, given by the teacher, limited only by 
the obligation to do it in good faith and not from mere passion, prejudice or 
caprice. School Directors v. Ewington, 26A-379. 

12. Where a teacher enters into an agreement to teach, the continuation of 
which is at the option of the directors, the directors, acting in good faith, 
may dispense with the services of such teacher, whenever they see fit to do 
so, and are under no legal obligation to state any cause for their action. 
When an employer reserves the right to terminate a contract of employment 
at his option, and exercise that right, he has done only what the employe 
expressly agreed that he might do. Olney School District v. Christy, 81A-304. 

13. Where no services are performed under a contract of hiring, the true 
rule is that the action must be for a breach of the contract, and the raeasure 
of recovery would be the wages to be paid, less any sum actually earned, or 
which might have been earned by the exercise of reasonable diligence in 
seeking other similar employment. Brown v. Board of Education, 29A-572. 

14. The measure of recovery where the teacher has not been allowed to 
enter upon the performance of the contract, in a suit for a breach of the con- 
tract, is the wages agreed to be paid by the contract, and the burden, in such 
cases, of showing what the plaintiff did earn, or could by diligence have 
earned in other similar employment, is thrown upon the directors. The 
directors may reduce the recovery made out by the teacher's prima fade case, 
by proof showing what the teacher did earn, or could have earned, by the 
exercise of reasonable diligence in seeking other similar employment. Ibid; 
School Directors v. Kimmel, 31A-537; School District v. Stilley, 36A-133; School 
Directors v. Orr, 88A-648. 

Fourth — They shall have power to assign pupils to the several 
schools in the district; to admit non-residents when it can be done 
without prejudice to the rights of resident pupils, to fix rates of 
tuition; collect and pay the same to the township treasurer for the 
use of said district. 

Fifth — They may suspend or expel pupils who may be guilty of 
gross disobedience or misconduct, and no action shall lie against 
them for such expulsion or suspension. 

15. The common schools are provided and maintained by taxation, their 
benefits are rightly to be enjoyed by all, and one who is improperly excluded 
sustains an injury which the law will redress. But the enjoyment of the 
right thus furnished by the State at public expense is necessarily conditioned 
upon that degree of good conduct on the part of each that is indispensable to 
the comfort and progress of others. Board of Education v. Helston, 32A-300. 

16. As in all other forms of social life, the individual must sxirrender a 
certain measure of his natural independence and submit to be governed by 
those rules which have been found necessary: and very much as in the 
family, there is absolute necessity for strict obedience to all reasonable re- 
quirements of those who are in authority. The ordinarj' laws of decency 
and propriety in conduct and in speech cannot be disregarded, and when 
broken there must be prompt and effectual punishm^ent, otherwise the great 
ob'ects of the school will fail of accomplishment. Ibid. 



85 

17. Everj^ pupil, when called upon by the superintendent or the board, 
should, as a matter of duty and loyalty to what is essential for the common 
welfare, freely state anything within his knowledge not self-criminating, 
1;hat will assist in bringing the offender to justice and thereby tend to the 
repression of all offenses. If he refuses to do this he is guilty of disobed- 
ience, for which reasonable punishment may be inflicted. By the provisions 
of the school law, the board of dii-ectors may suspend or expel a pupil for 
misconduct, but this suspension or expulsion would not be construed to con- 
tinue beyond the current school 3'^ear. Ibid. 

18. Boards of directors have the power of suspension or expulsion, and they 
may exercise that power as a means of discipline for the causes mentioned in 
the statute. The suspension or expulsion of a pupil from the benefits and 
privileges of the school for what is considered incorrigibly bad conduct, im- 
plies deliberation and decision on the part of the directors, or, as it is some 
times expressed, they act judicially, in a matter involving discretion in rela- 
tion to the duties of their office. In such cases the law seems to be well set- 
tled, that there can be no action maintained ag'ainst school officers where 
they act without malice. McCormick \. Burt, 95-263. 

Sixth — They may provide that children under twelve (12) years of 
age shall not be confined in school more than four hours daily. 

Seventh — They may appropriate, for the purchase of libraries and 
apparatus, any school funds remaining after all necessary school ex- 
penses are paid. 

19. The authoi'ity given to school directors by the statute to appropriate to 
the purchase of libraries and apparatus any surplus funds, after all necessary 
-school expenses are paid, would seem to be a limitation of the power to make 
purchases of this kind to the circumstances named, and to be an implied de- 
nial of any power to purchase generally on credit. Clark v. School Directors 
78-474; Folsom v. School Directors, 91-403. 

20. It is manifest from this provision, that neither is the rower directly 
^iven, nor does it result by necessary implication, to directors to create a 
debt, chargeable upon the district, for apparatus and to issue orders on the 
treasurer, payable at a future day, therefor. It would be a most dangerous 
power to the interest of the taxpayers, and, in corrupt or incompetent hands, 
■would be liable to great abuse, for, if the debt may be thus created, there is 
no limitation upon the amount, or the rate of interest it might be required to 
bear. The whole policy of the school law is repugnant to the existence of 
the power. Newell v. School Directors, 68-514. 

Eighth — When any school district owns any personal property not 
needed for school purposes, the directors of such district may sell 
such property at public or private sale, as in their judgment will be 
for the best interests of the district, and the proceeds of such sale 
shall be paid over to the treasurer of such district, for the benefit of 
said school district. 

Ninth — They may grant special holidays whenever in their judg- 
ment such action is advisable: Provided, no teacher shall be re- 
quired to make up the time lost by the granting of such holidays. 

Tenth — They shall have the control and supervision of all school 
houses in their district, and may grant the temporary use of school 
houses when not occupied by schools, for religious meetings and 
Sunday schools, for evening schools and literary societies, and for 
such other meetings as the directors may deem projper. 

21. Directors of common schools have no power to burden the people writh 
debt, or to levy taxes, by the machinery of the law, to purchase ground and 
erect large and costly buildings, and then donate them to private use or gain. 
■Sherlock v. Village of Winnetka, 68-530. 



86 

22. The clause that provides that school directors may grant the temporary 
use of school houses, when not occupied by schools, for religious meetings, 
for evening schools and literary societies, and for such other meetings as the 
directors may deem proper, is not repugnant to section 3, article 8 of the 
Constitution, that forbids any public corporation from making any grant or 
donation of land, money or other personal property to any church or for any 
sectarian purpose. Nichols v. School Directors, 93-61. 

Eleventh — They shall have power to decide when the school house 
site, or the school buildings have become unnecessary, or unsuitable, 
or inconvenient for a school. 

33. This clause confers a power to be exercised -when changed conditions 
have rendered a site once chosen hj the voters unsuitable or inconvenient 
in the opinion of the board, and the power given in such case is to take the 
initiative for the choice of another site by calling an election and submitting 
the question to the voters. A change in the center of population, or other 
conditions, may occur, and the language of the statute implies some such 
change in condition which will authorize action by the board, and not a 
refusal to cai-ry out the will of the voters. Kiehna v. Mansker, 178-15; 
Kiehna v. Mansker, 77A-508, reversed. 

24. The supervision and control of school houses is expressly vested in the 
directors. When one director assumes exclusive individual control of the 
school house of the district, and is engaged in raising it from the foundation, 
with the intention of removing it from its site, the restraining power of the 
court may be invoked by the other directors, as this is a clear interference 
with the right given the board of directors to its control. It is true that the 
trustees of schools are vested v^^ith the title, care and custody, but it is the 
control of the school house that is here involved, and that is vested in the di- 
rectors. Ruble V. School District, 42A-483. 

Tivelfth — They may borrow money, and issue bonds therefor, for 
building school houses, i^urchasing sites, repairing and improving 
school houses, in the way and manner provided for by article 9 of 
this act. 

§ 28. The school directors shall draw no order or warrant pay- 
able on demand upon the township treasurer or against any fund in 
his hands, unless at the time of drawing such order or warrant there 
are sufficient funds in his hands to pay the amount of the same: 
Provided, this section shall not apply to orders issued to teachers for 
their wages. 

1. An order is void unless issued when there is money in the treasury ap- 
plicable to its payment. Board of Education v. Foley, 88A-470. 

§ 29. Whenever there is no money in the treasury of any school 
district to meet and defray the ordinary and necessary expenses 
thereof, it shall be lawful for the board of directors to provide that 
orders or warrants may be drawn and issued against and in anticipa- 
tion of the collection of any taxes already levied by said directors for 
the payment of the ordinary and necessary expenses of any such dis- 
trict, to the extent of 75 per centum of the total amount of said tax 
levy: Provided, that warrants drawn and issued under the provis- 
ions of this section shall show upon their face that they are payable 
solely from said taxes when collected, and not otherwise, and such 
warrants shall be received by any collector of taxes in payment of the 
taxes against which they are issued, and which taxes against which 
said warrants or orders are drawn shall be set apart and held for their 
payment. 



87 

§ 30. The school directors shall be liable as directors for the bal- 
ance due teachers, and for all debts legally contracted. 

§ ol. It shall not be lawful for a board of directors to purchase or 
locate a school house site, or to purchase, build or move a school 
house, or to levy a tax to extend schools beyond nine months with- 
out a vote of the people at an election called and conducted as re- 
quired by section 4 of article 9 of this act. A majority of the votes 
cast shall be necessary to authorize the directors to act; Provided^ 
that if no one locality shall receive a majority of all the votes cast at 
such election, the directors may, if in their judgment the public in- 
terest requires it, proceed to select a suitable school house site; and 
the site so chosen by them shall, in such case, be legal and valid, the 
same as if it had been determined by a majority of the votes cast; 
and the site so selected by either of the methods above provided shall 
be the school house site for such district; and said district shall have 
the right to take the same for the purpose of a school house site 
either with or without the owner's consent, by condemnation or 
otherwise. 

1. It is not lawful for a board of directors to purchase or locate a school 
house site, or to purchase, build or move a school house or to levy a tax in 
order to extend schools beyond nine months in the year, without a vote of 
the people at an election called and conducted as required by law. Shires v. 
Irwin, 87A-111. 

2. This section prohibits the location of a site, w^ithout a selection being' 
made by a majority vote at an election duly held. If, at such election, called 
and held for the purpose of fixing- a site, no locality receives a majority of 
the votes cast, then, and in that event only, is a discretionary power to act 
granted to the board. School Directors v. Wright, 43A-270. 

3. Where a majority of the legal voters, at an election held, did select a 
school house site, thus precluding the adoption of any other method by the 
directors, the money collected, and the materials bought to build a school 
house must be used in the construction of it upon the site legally fixed at said 
election, and not elsewhere. Ihid. 

4. Where directors disregard the provisions of this section, and without 
lawful power or authority select a site, and admit they vpill expend the money 
collected, and use the materials bought, in erecting a, school house on the 
site by said board illegally selected, an injunction may be properly granted 
to prevent such unlawful expenditure of public funds. Ibid. 

5. Section 31, article 5 of the general school law^, concerning the submission 
to the electois of the question of building a school house, does not require 
that the cost of such building be voted upon. People v. Chicago & Northwestern 
Railway Comvany, 186-139. 

6. School directors cannot annul an election changing a school site, repu- 
diate the site chosen and call an election to vote on the question of building'^ 
a new^ school house on the old site, discarded at a previous election, merely 
because the new site is some distance from a highway. Kiehna v. Manslier^ 
178-15; Kiehna v. Mansker, 77A-.508, reversed; School Directors v. The People, 
90A-670. 

7. School directors have power to lease a suitable room or rooms for es- 
tablishing a school without submitting the question to the electors, and they 
are not discharged from their duty in that regard by a failure of proposition 
to build a school house, at an election held for that purpose. School Direc- 
tors V. The People, 186-331. 

8. The selection of a site is not invalid because the clerk of the election 
did not describe it by metes and bounds, but only by general reference. It is 



not material to the validity of the selection that the clerk of the election 
should describe the place chosen with precision, in entering- upon the records 
the fact that the voters made choice of a site. Merritt v. Ferris, 33-303. 

9. Under this provision it is not within the power of the directors to con- 
tract for the building of a school house, without having received authority 
to do so by a vote of the people of the district as provided by law. The fact 
that the building may have been constructed, accepted by the directors and 
used for school purposes, would not legalize the act or bind the tax-payers. 
School Directors v. Fogleman, 76-189; Watts v. McCleave, 16A-273. 

10. An order issued on account of the building- of a school house, which is 
paid by the school treasurer out of general funds, will not support a subse- 
quent tax levy for building purposes made to replace the amount so paid, par- 
ticularly where an amount sufficient to pay the entire cost of the building- 
has already been raised by such a tax. O'Day v. The People, 171-393. 

11. Where an election is held and results in favor of building a school 
house, and in the location thereof, and at a subsequent election the proposi- 
tion to borrow money for building- purposes is defeated, this subsequent 
•election cannot be construed to affect, chang-e or abrogate the vote to build a 
school house and locate the site. The people might be willing to bear the 
burden of an annual tax levied for building- purposes, and yet be unwilling to 
borrow money and issue bonds as evidence of such indebtedness. Penniiujton 
■V. Coe, 57-118. 

12. Directors have the right to levy a special tax for school purposes with- 
out a vote of the people, and a special tax for building purposes, w^ith the 
consent of the legal voters; but they exceed their power when they attempt 
to appropriate the funds raised for one object for a different purpose. IhuJ. 

13. Where the public square of a village is held in trust for the public use, 
it cannot be appropriated to any other use inconsistent with or destructive 
^Nith the first, that the building of a school house on the public square of a 
village, whether such square be left open for public travel across it, or in- 
closed or used as a park, would be inconsistent with the original use, cannot 
be doubted. Davis v. Nichols, 39A-610. 

14. Where it is the intention of the majority of the directors by the notice 
given, to submit to the voters the proposition to build a new school house as 
well as to change the site and borrow money, and where the returns of the 
election made by the directors to the school treasurer, only showed that two 
propositions were submitted to be voted on, and that the building of a new 
school house was not one of them, such omission would not invalidate the 
election, if it was properly held, and the questions involved were fairly sub- 
mitted to the voters. Shires v. Irwin, 87A-111. 

§ 32. In case the compensation to be paid for the school house 
site mentioned in the loreceding section cannot for any reason be 
agreed upon or determined between the school directors and the par- 
ties interested in the land taken for snch site, then it shall be the 
duty of the directors of such district to proceed to have such compen- 
sation determined in the manner which may be at the time provided 
by law for the exercise of the right of eminent domain: Provided, 
that no tract of land lying outside of the limits of any incorporated 
city or village, and lying within forty rods of the dwelling house of 
the owner of the land, shall be taken for a school site without the 
owner's consent. 

1. The trustees of schools, and not the school directors, are the proper par- 
ties to petition for the condemnation of land for a school site. A condemna- 
tion judgment vesting title in the school directors upon their petition is 
without authority of law. Banks v. School Directors, 194-247. 

3. If a man sells land for a school house site, which is wholly surrounded 
by his own land, the purchasers are entitled to a right-of-way over the other's 
ground to arrive at their own land. The way is a necessary incident to the 



89 

grant, and without which the grant would be useless. But if a tract of land 
in the center of an enclosed field is condemned for a school house site, with- 
out any attempt to condemn a right-of-way to such site, no way by necessity 
can be claimed as incident to the title acquired by the condemnation judg- 
ment. A way by necessitj^ is based on a grant only. Ibid. 

3. School directors are given the control and supervision of school houses 
in their respective districts. They are authorized to agree upon or determine 
the compensation to be paid for a school house site with the parties interest- 
ed in the land, and in case of failure they may proceed to have such compen- 
sation determined in the manner which may be at the time provided by law 
for the exercise of the right of eminent domain. But if they should agree 
upon the compensation to be paid and obtain a conveyance of the real estate 
for a school house site, it would be made to the trustees of schools and not to 
them. If they fail to agree, the method provided by law for vesting title for 
the public use is by a proceeding to condemn the land, and the title would 
have to be vested in the trustees. The trustees are consequently the proper 
and necessary petitioners in whom, under the statute, the judgnaent of the 
court vests the title upon the payment of the compensation. Ibid. 

§ 33. Any director wilfully failing to perform his duties as directed 
under this act, may be removed by the county superintendent, and 
a new election ordered, as in other cases of vacancies. 

§ 34. All funds belonging to any school district and coming from 
any source, shall be paid out only on order of the board of directors, 
signed by the president and clerk of said board, or by a majority of 
said board. In all such orders shall be stated the purpose for which 
or on what account such order was drawn. Such order may be in 
the following form : 

The treasurer of township No , range No , in 

county, will pay to or bearer, dollars and 

cents, (on his contract for repairing school house, or whatever the purpose 

may be.) By order of the board of directors of school district No 

in said township. 

A B , President. 

C D , Clerk. 

§ 35. Pupils shall not be transferred from one district to another 
without the written consent of a majority of the directors of each 
district, which written consent shall be delivered to and filed with 
the proper township treasurer, and shall be evidence of such consent. 
A separate schedule shall be kept for each district, and in each 
schedule shall be certified the proper amount due the teacher from 
that district, computed upon the basis of the total number of days' 
attendance of all schedules. If the district from which the pupils 
are transferred is in the same township as the district in which the 
school is taught, the directors of said district shall deliver the separ- 
ate schedules to their township treasurer, who shall credit the dis- 
trict in which the school was taught, and charge the other district 
with the respective amounts certified in said separate schedule to 
be due. If pupils are transferred from a district of another town- 
ship, the schedule for that district shall be delivered to the directors 
thereof, who shall immediately draw an order on their treasurer in 
favor of the treasurer of the township in which the school was taught 
for the amount certified to be due in said separate schedule. 

§ 36. When a school is composed in part of pupils transferred, 
as provided for in the preceding section, from other townships, the 



90 

duty of collecting the amount due on account of such pupils shall 
devolve upon the directors of the district in which the school was 
taught. 



Article VI. 



BOARD OF EDUCATION. 



Section 1. Incorporated cities and villages, except such as now 
have charge and control of free schools by special acts, shall be and 
remain parts of the school townships in which they are respectively 
situated and be subject to the general provisions of the school law, 
except as otherwise provided in this article. 

1. It will be seen upon examination that article 6 of the school law relates 
to school districts in incorporated cities, towns and villages, and provides for 
their organization and government in a manner, in certain respects, peculiar 
to themselves. It declares that all such school districts, except those existing 
under special acts, shall remain parts of the school townships in which they 
are respectively situated, and subject to the general provisions of the law ap- 
plicable to such townships, but provides for their government by boards of 
education instead of school directors. People v. Ridker, 143-650. 

§ 2. In all school districts having a population of not less than 
1,(XX) and not over 100,000 inhabitants, and not governed by any 
special act in relation to free schools now in force, there shall be 
elected, instead of the directors provided by law in other districts, a 
board of education, to consist of a president of the board of educa- 
tion, six members, and three additional members for every additional 
10,000 inhabitants. Whenever additional members of such board of 
education are to be elected by reason of increased population of such 
district, such members shall be elected on the third Saturday of April 
succeeding the ascertaining of such increase by any special or gen- 
eral census, and the notice of such election shall designate the term 
for which the members are to be elected, so that one-third of the 
board shall be elected for each year: Provided, that in no case shall 
said board consist of more than 15 members. 

1. This section should be construed with section 59, article 3. Where a 
new district is formed which has a population of not less than 1,000 nor more 
than 100,000 inhabitants, there must be an election for a board of education, 
and not for three directors. But this section does not provide that the board, 
in the first instance, shall be elected only on the third Saturday in April. It 
relates to the election of additional members to be elected by reason of the 
increased population of said district. Nor does it require any census of the 
district, special or general to be taken in order to authorize the election of 
the president and miembers of the board. It is only when additional members 
are to be elected, that the increased population must be ascertained by the 
census. People v. Keechler, 194-235. 

§ 3. The president of said board of education shall be elected an- 
nually, at the same time the members of the board of education are 
elected, and he shall hold his office for the term of one year and until 
his successor is elected and qualified. 



91 

1. The school law provides that school elections may be contested in the 
same manner as is provided by the general election law in case of the election 
of township officers. The county court is vested with jurisdiction of proceed- 
ings to contest school elections. Misch v. Russell, 136-33. 

3. A candidate may be voted for at the same election for two offices — presi- 
dent and a member of a boai-d of education, but if he should be elected to 
both, he would be incapable of discharging- the duties of both offices and 
would be compelled to elect which to accept. Where a ballot is marked to 
show a clear intention of voting for the same person for both offices the candi- 
date is entitled to have s^^ch ballot counted as cast. Ibid. 

§ 4. The president of the board of education so elected shall pre- 
side at all meetings of said board, and shall give the casting vote in 
case of a tie between the members thereof; but otherwise he shall 
not have a vote. He shall sign all orders for the payment of money 
ordered by said board, and generally perform such duties as are im- 
posed by law upon presidents of boards of directors, or that may be 
imposed upon him by said board of education, not in conflict with 
law: Provided, that in the absence or inability to act as said presi- 
dent, said board may appoint a president pro tempore from their 
number. 

§ 5. The annual election of members of the board of education 
shall be on the third Saturday in April, when one-third of the mem- 
bers shall be elected for three years and until their successors are 
elected and qualified. 

§ 6. Notice of such election shall be given by the board of educa- 
tion at least ten days previous to such election by posting notices in 
at least three of the most public places in said district, which shall 
specify the place where such election is to be held, the time of open- 
ing and closing the polls and the purpose for which such election is 
held, which notice may be in the following form, to- wit: 

Public notice is hereby given, that on Saturday, the day of April, 

A. D , an election will be held at between the 

hours of and of said day, for the purpose of electing a presi- 
dent of the board of education of district No , tov/nship No 

rang-e No , and members of the board of education of said 

district. 

Dated this. day of , A. D 

A B , President. 

C ,D Clerk. 

1. The law provides the time w^hen the election shall be held, and requires 
the president and clerk of the board to give ten days' notice of the election, 
which shall specify the place of holding the election and the time of opening 
and closing the polls, but the board of education is not reqi^ired to make an 
order providing for the election. An order providing for an election passed 
by less than a quorum does not render an election void, as the law fixes the 
date of the election. All that seems necessary is for the president and clerk 
in their official capacity to give proper notice. Ackerman v. Haencli, 147-514. 

3. Notice of all elections shall be given, and such notices shall specify tlie 
place where such election shall be held and the time of opening and closing 
the polls. It is within the power of the board, acting through its president 
and clerk, to prescribe such reasonable time for the opening and closing of 
the polls as may best suit the convenience of the voters of the district. Ibid. 

3. The provisions of the statute as to the manner of conducting the details 
of an election are not mandatory, but directory, and irregularities in conduct- 



92 

ing' an election and counting the votes, not proceeding from any wrongful in- 
tent, and which deprive no legal voter of his vote and do not change the 
result, will not vitiate the election. Ibid 

§ 7. In case of a failure to give the notice above provided for, 
such election may be held on any Saturday after such notice has 
been given as aforesaid. 

§ 8. Such election shall be conducted in the same manner, and be 
governed by the provisions of this act relating to the election of boards 
of directors, except as otherwise provided by law: Pi'ovided, however, 
that boards of education shall have power to establish a suitable num- 
ber of voting precincts and fix the boundaries thereof for the accom- 
modation of the voters of the district in which such election is held, 
in each of which voting precincts there shall be one polling place 
designated by the board. Whenever such board of education shall 
under the provisions of this act establish more than one voting pre- 
cinct for such election they shall appoint two judges and one clerk 
for each polling place, assigning so far as may be at least one member 
of such board to each polling place. (As amended by an act ajpproved 
May 12, 1905). 

1. Women above the age of twenty-one years are qualified to vote at an 
election for president and members of a board of education. Aclierman v. 
Haenck, 147-514. 

§ 9. At the first election of directors succeeding the passage of 
this act, in any district having a population of not less than one 
thousand (],000) inhabitants by the census of 1880, and in such 
other districts as may hereafter be ascertained by any special or gen- 
eral census to have a population of not less than one thousand inhab- 
itants, at the first election of directors occurring after taking such 
special or general census, there shall be elected a board of education, 
who shall be the successors of the directors of the district; and all 
rights of property and all rights or causes of action existing or vested 
in such directors, shall vest in said board of education, in as full and 
complete a manner as was vested in the school directors. Such 
board, at its first meeting, shall fix by lot, the term of ofiice of its 
members so that one-third of them shall serve for one year, one-third 
for two years and one-third for three years, and thereafter one-third 
shall be elected annually on the third Saturday in April, to fill the 
vacancies occurring, and to serve for the term of three years. 

1. This section has no application to the election of a board of education 
in a. newly formed district, but provides only for a change from a board of 
directors to a board of education. People v. Keecliler, 194-235. 

§ 10. The board of education shall have all the powers of school 
directors; and, in addition thereto and inclusive thereof, they shall 
have the power and it shall be their duty — 

First — To establish and support free schools not less than six nor 
more than ten months in each year. 

Second — To repair and improve school houses, and furnish them 
with the necessary fixtures, furniture, apparatus, libraries and fuel. 

Third — To examine teachers as supplemental to any other exami- 
nation, to employ teachers and to fix the amount of their salaries. 
(As amended by act approved June 19, 1893.) 



98 

1. The examination herein provided for is as to tlie qualification of the ap- 
plicant in respect of ability, competency and character, to take charge of and 
teach a school in the district, and the board of education has the right to ex- 
amine and determine whether or not the applicant is qualified. Kuenster v. 
Board of Education, 31A-386; Kuenster v. Board of Education, 134-165. 

Fourth — To establish schools of different grades, and make regu- 
lations for the admission of pupils into the same. 

3. Under the law, boards of education have the right, power and authority 
to adopt reasonable rules and regulations in regard to the admission of per- 
sons over six years of age, which may operate to prevent such persons from 
entering school immediately after arriving- at the age of six years. Board of 
Education v. Bolton, 85A-92. 

3. In the exercise of these powers, the rules and orders made by the board 
of education must not be unreasonable, or such as to defeat the wise and 
beneficent purposes of the school law, and if reasonable, necessary, and such 
as will best afford to all the children in their district, entitled to attend pub- 
lic schools an opportunity to receive the benefits of proper instruction, such 
reasonable and necessary rules and orders should be sustained by the courts. 
People v. Board of Education, 26A-476. 

Fifth — To buy or lease sites for school houses, with the necessary- 
grounds: Provided, it shall not be lawful for such board of educa- 
tion to purchase or locate a school house site, or to purchase, build 
or move a school house, unless authorized by a majority of all voters 
voting at an election called for such purpose in pursuance of a peti- 
tion signed by not less than five hundred legal voters of such district, 
or by one-fifth of all the legal voters of such district. 

4. It is made unlawful for a board of education to build a school house ex- 
cept upon petition of a majority of the voters of the district. Its power to 
build being thus limited, it follows, necessarily, that its power to employ 
others to build school houses is subject to the same limitation. Board of 
Education v. Roeher, 23A-629. 

5. It is a mistake to suppose that the statute, in terms, vests the board of 
education with all the powers exercised by a board of directors. The powers 
of both these boards are precisely defined and limited by statute. To hold 
that a board of education may build a school house upon the authority of a 
vote of the electors of the district, without any petition, as a board of direc- 
tors might have done, would be directly in the teeth of the statute which ex- 
pressly declares that the board of education shall not build a school house 
without a petition of a majority of the voters of the district. Ibid. 

Sixth — To levy a tax, annually, upon the taxable property of the 
district, in the manner provided in article 8 of this act, for the 
purpose of supporting and maintaining free schools in accordance 
with the powers herein conferred: Provided, that it shall not be 
lawful for such board of education to levy a tax to extend schools be- 
yond a period of ten months in each year, except upon petition of a 
majority of the voters of the district: And, provided, further, that 
all taxes shall be levied under the limitations relating to the per- 
centage of the assessment, as provided by section 1, article 8 of 
this act. 

Seventh — To employ, should they deem it expedient, a competent 
and discreet person or persons as superintendent or superintendents 
of schools, and fix and pay a proper salary or salaries therefor; and 
such superintendent may be required to act as principal or teacher 
in such schools. 



94 

6. Where a special charter makes it the duty of a board of directors to es- 
tablish a system of graded schools, such directors have the authority to ap- 
point a superintendent of the graded schools of such city, and pay him a rea- 
sonable salary for his services. Where there are ten teachers in different 
rooms, and over 800 pupils, a g-eneral superintendent is necessary to the vv^ork- 
ing of the system, and the power to appoint and pay this officer must be con- 
sidered as given by necessary implication. Spring v. Wright, 63-90. 

Eighth — To lay off and divide the district into sub-districts, and 
from time to time alter the same, create new ones and consolidate 
them. 

7. A board of education has power to lay off and divide the district into 
sub-districts, alter the same from time to time, and assign pupils to the sev- 
eral schools. People v. Board of Education, 26A-476. 

Ninth — To visit all the public schools as often as once a month to 
inquire into the progress of scholars and the government of the 
schools. 

Tenth — To prescribe the method and course of discipline and in- 
struction in the respective schools, and to see that they are main- 
tained and pursued in the proper manner. 

8. This provision is not as comprehensive as the provision empowering 
boards of directors to prescribe what branches of study shall be taught and 
w^hat text books and apparatus shall be used in the several schools, and is not 
intended to supersede clause 9, section 36, article 5. People v. Board of Edu- 
cation, 175-9. 

Eleventh — To expel any pupil who may be guilty of gross disobe- 
dience or misconduct. No action shall lie against them for such 
expulsion. 

9. The common schools are provided and maintained by taxation, their 
benefits are rig-htly to be enjoyed by all, and one who is improperly excluded 
sustains an injury which the law^ will redress. But the enjoyment of the 
right thiis furnished by the State at public expense is necessarily conditioned 
vxpon that degree of good conduct on the part of each that is indispensable to 
the comfort and progress of others. Board of Education v. Helston, 32A-300. 

TiveJfth — To dismiss and remove any teacher whenever, in their 
opinion, he or she is not qiialified to teach, or whenever, from any 
cause, the interests of the schools may, in their opinion, require 
such removal or dismissal. 

10. The causes for removal and dismissal mentioned in this clause, are made 
to depend on the opinion of the board of education, and to emphasize such 
fact the phrase in their opinion, is used twice in the alternatives mentioned 
in the statutes. When the teacher is dismissed and the reason therefor 
springs out of his own conduct, and the directors so charge, it is essential 
that some other person than the contracting parties should be arbiters in the 
matter; but when the dismissal is dependent on a cause that the board of ed- 
ucation in their opinion may entertain, the teacher has no remedy in case of 
dismissal, at least as long as the board of education exercises the power in 
good faith. Board of Education v. Stotlar, 95A-250. 

11. The teacher stands precisely in the position that he would have stood 
in had he made a contract to teach as long as his services were satisfactory to 
the board of education. This clause uses the words dismissal and removal. 
The w^ord removal implies some personal dereliction of duty. The word dis- 
missal means termination, from whatever cause. Ibid. 

12. Where a contract does not provide by its terms that a board of educa- 
tion would be discharged from compliance with its terms by reason of the de- 
strtiction of the school house, the discharge of either party to the contract 



95 

would not result as a matter of law because of the destruction of such build- 
ing-. Neither would the board of education be discharged from liability on 
its contract by reason of the destruction of the school house, and its inability 
to secure another building. If either party is to be discharged for such 
cause, the contract should so provide. Corn v. Board of ^dtication, 39A-446. 

Thirteenth — To apportion the scholars to the several schools. 

Fourteenth — To establish and promulgate all snch by-laws, rules 
and regulations for the government and the establishment and main- 
tenance of a proper and uniform system of discipline in the several 
schools as may, in their opinion, be necessary. 

Fifteenth — To take charge of the school houses, furniture, grounds 
and other property belonging to the district, and see that the same 
are kept in good condition, and not suffered to be unnecessarily in- 
jured or deteriorated: 

Sixteenth — To provide fuel and such other necessaries for the 
schools as, in their opinion, may be required in the school houses, or 
other property belonging to or under the control of the district. 

Seventeenth — To appoint a secretary and provide well-bound books 
at the expense of the school tax fund, in which shall be kept a faith- 
ful record of all their proceedings. 

13. A board of education may order the clerk to amend the record of a pre- 
vious meeting to show the facts although the personnel of the board has 
changed, as the authority for such amendment does not rest upon the personal 
recollection of the members of the board, but upon the knowledg-e of the 
clerk, or such files, minutes or memoranda as put him in possession of 
knowledge of what transpired at such meeting. Board of Education v. Trus- 
tees of Schools, 174-510. 

Eighteenth — To annually prepare and publish in some newspaper, 
or in pataphlet form, a report of the number of pupils instructed in 
the year preceding, the several branches of study pursued by them, 
of the number of persons between the ages of twelve and twenty-one 
unable to read and write, and the receipts and expenditures of each 
school, specifying the source of such receipts and the objects of such 
expenditures. 

§ 11. In all questions involving the expenditure of money, the 
yeas and nays shall be taken and entered on the records of the pro- 
ceedings of the board. 

§ 12. None of the powers herein conferred upon boards of educa- 
tion shall be exercised by them, except at a regular or special meet- 
ing of the board. 

§ 13. All conveyances of real estate shall be made to the town- 
ship trustees in trust for the use of schools, and no conveyance of 
any real estate or interest therein used for school purposes, or held 
in trust for schools, shall be made except by the board of trustees, 
upon the written request of such board of education. 

§ 14. All money raised by taxation for school purposes, or re- 
ceived from the State common school fund, or from any other source 
for school purposes, shall be held by the township treasurer as a spe- 
cial fund for school purposes, subject to the order of the board of 
education, upon warrants signed by the president and secretary 
thereof. 



96 

1. A board of education elected under the act, approved June 2, 1891, auth- 
orizing- municipalities manag'ing- free schools under special charters to elect 
boards of education having the powers provided for such boards under the 
g-eneral law, has no power to appoint a treasurer of the school fund, and the 
custody of such funds belongs to the township treasurer. People v. Board of 
Education, 166-388. 

§ 15. Any city, incorporated town, township or district in which 
free schools are now managed under any special act, may, by vote o£ 
its electors, cease to control snch schools under such special act, and 
become part of the school township in which it is situated, and sub- 
ject to the control of the trustees thereof, under and according to 
the provisions of this act. Upon petition of fifty voters of such city, 
town, township or district, presented to the board having control and 
management of schools in such city, town, township or district, it 
shall be the duty of such board, at the next ensuing election to be 
held in such city, town, township or district, to cause to be submitted 
to the voters thereof, giving not less than fifteen days' notice thereof, 
by posting not less than five notices in the most public places in such 
city, town, township or district, the question of "Organization under 
the Free School Law;" which notice shall be in the following form, 
to- wit : 

Public notice is hereby given that on the day of A. D. 

an election will be held at between the hours of 

M. and M. of said day for the purpose of deciding the question of 

"Organization under the Free School Law." 

§ 16., If it shall appear on a canvass of the returns of such elec- 
tion, that a majority of the votes cast at such election are "For Or- 
ganization under the Free School Law." then at the next ensuing 
regular meeting of the board of trustees of the township or town- 
ships in which such city, incorporated town, township or district is 
situated, said trustees shall proceed to redistrict the township or 
townships as aforesaid, in such manner as shall suit the wishes and 
convenience of a majority of the inhabitants in their respective 
townships, and to make a division of funds and other property in the 
manner provided for by section 63 of article 3 of this act, and on 
any Saturday thereafter there shall be elected, in each of the new 
districts so formed, a director, directors or board of education, as the 
case may be, in the manner provided for in section 6 of article 5 of 
this act, and thereafter such districts shall proceed as other districts 
under this act, but all subsequent elections of directors or boards of 
education shall be conducted as provided in sections 5 and 8 of ar- 
ticle 5 of this act. 

1. It will be seen on examination that article 6 of the school law relates to 
school districts in incorporated cities, towns and villages, and provides for 
their organization and government in a manner, in certain respects, peculiar 
to themselves. It declares that all such school districts, except those existing 
under special acts, shall remain parts of the school townships in which they 
are respectively situated, and subject to the general provisions of the law^ ap- 
plicable to such townships, but provides for their government by boards of 
education instead of school directors. Sections 15 and 16 of said article relate 
to districts existing tinder special acts, and provide a mode by which those 
districts may abandon their special organization and become re-organized 
under the general law. People v. Rickei', 142-650. 



97 

2. It is plain that these sections govern in all proceedings by districts or- 
ganized under special charters to abandon their organization and become or- 
ganized under the general law. They prescribe the mode by which such 
re-organization shall be effected, and the conditions upon which the township 
trustees may acquire jurisdiction to re-district their townships. Upon petition 
of 50 voters of the district, it becomes the duty of the board of education, or 
other district authorities, as to which they have no discretion, to submit the 
question to the voters of the district, and their vote being in favor of such 
organization under the general law, the trustees are not only empowered, but 
it becomes their imperative duty to re-district their township, the only limi- 
tation upon their power in that behalf being that the re-districting shall be 
made in such manner as shall suit the wishes and convenience of a majority 
of the inhabitants of the township. Ibid. 

3. No petition of the citizens of the township, or of the districts to be 
affected, is required, the authority of the trustees to act being based solely 
upon the result of the election held in the district existing under the special 
act upon the question of organizing under the general law. No mode is pre- 
scribed by vphich the trustees may ascertain the w^ishes or convenience of a 
majority of the inhabitants of the township, and it necessarily follows that 
those matters are left to their official judgment and discretion. Ibid. 

4. The provisions of sections 47 and 48 of article 3 have no application. 
They clearly relate to a different subject matter. Section 46, article 3, pro- 
vides that, in case of newly organized townships, the trustees of schools shall 
lay the township off into one or more school districts, to suit the wishes or 
convenience of a majority of the inhabitants of the township. Section 47 
then provides that, where such division of a township into districts has been 
made, the trustees may, in their discretion, at their regular April meeting, 
when petitioned as provided in section 48, change such districts as lie wholly 
within their townships. Ibid. 

5. Sections 47 and 48, article 3, clearly relate to those ordinary changes 
in the school districts of a township already fully organized under the school 
law which from time to time become necessary in order to meet the wishes or 
convenience of the inhabitants of the various districts, but they have nothing 
to do either with the original organization of the township into school dis- 
tricts or to the re-organization which becomes necessary when a portion of 
the township previously organized into a district under a special act, aband- 
ons its special organization and becomes, for the first time, for school pur- 
poses, a part of the township. Ibid. 

§ 17. In cities having a population exceeding 100,000 inhabitants, 
from and after this act shall take effect, the board of education shall 
consist of 21 members, to be appointed by the mayor, by and with 
the advice and consent of the common council, seven of whorn shall 
be apiDointed for the term of one year, seven for the term of two 
years, and seven for the term of three years: Provided, however, 
that in such cities wherein there is now a board of education, hold- 
ing their office by appointment, such officers shall continue in office 
until the time at which their terms would have expired under the 
law in force at the time of their appointment. At the expiration of 
the term of any members of said board, their successors shall be ap- 
pointed in like manner and shall hold their office for the term of 
three years. Any vacancy which may occur shall be filled by the 
appointment of the mayor with the approval of the common 
council, for the unexpired term: And, 'provided, further, that 
from and after this act shall take effect there shall be appointed by 
the mayor, by and with the advice and consent of the common council. 



— 7 S L 



98 

six members, two of whom shall be appointed for the term of one 
years, two for the term of two years, and two for the term of three 
years. (As amended by act approved June 22, 1891.) 

1. The board of education, like all municipal bodies, has only such powers 
as are expressly g-iven to it, or as result by fair implication from the powers 
granted. Han-^ls v. Kill, 108A-305. 

2. The General Assembly, by an enactment entirely distinct from the act 
under which the city became incorporated, selected the city as an ag-ency of 
the State to aid in the g-eneral administration of the State government in the 
particular matter of providing a thorough system of free schools, in com- 
pliance with the requirements of the State Constitution. Kinnare v. City of 
Chicago, 171-332. 

3. The school law of 1872 did not create the board of education of the city of 
Chicago, but recognized its then present existence, and changed and enlarged, 
in many respects, its powers and duties, but continued, as did the subsequent 
act of 1889. its dependence, in many important matters, upon the city council. 
It seems clear that the board of education is still connected with, dependent 
upon, and to some extent a part of, the municipal government of that city. 
Brenan v. The People, 176-620. 

4. When the city of Chicago was under its special charter, the board of 
education w^as one of the departments of the city government. The incorpo- 
ration of the city under the general law did not abrogate the provisions of 
its former special charter, under which the board of education existed as 
such department, nor are such provisions, or the former general laws relating 
to the board of education, repealed by implication by the city and village act, 
or the general school law of 1872, or their subsequent amendments, so as to 
change the status of the board as a municipal agency. Ibid. 

.5. The statutes in force have committed the public schools in the city of 
Chicago to the control and management of the board of education. The 
instant any territory becomes part of the city, all public schools within that 
territory fall under the jurisdiction of said board, not by force of any express 
provisions of the annexation law, but by force of the existing statute which 
has committed all schools in the city to the jurisdiction of said board. 
McOurri v. Board of Education, 133-123; Cravener v. Board of Education, 133- 
145. 

6. In cities of the class to which Chicago belongs, the entire supervision 
and control over all the public schools of the city is, by the provisions of the 
school law, committed to the board of education of the city. This jurisdic- 
tion is necessarily exclusive. It follows that whenever territory in which 
there is an organized school district and one or more public schools is 
annexed and thereby brought into the city, the jurisdiction of the board 
of education immediately attaches. Ibid. 

7. The board of education is a corporation or qv/isi corporation created, 
nolens volens, by the general lavr of the State to aid in the administration of 
the State government, and, charged as such, purely governmental in charac- 
ter. It owns no property, has no private interests, and derives no special 
benefits from its corporate acts. It is simply an agency of the State, having 
existence for the sole purpose of performing- certain duties, deemed necessary 
to the maintenance of an efficient system of free schools, within the particu- 
lar locality in its jurisdiction. Kinnare v. Ciinj of Chicago, 171-332. 

8. The board of education of the city of Chicago is a public corporation, 
created by legislative authority as an agency of the State for the purpose of 
maintaining public schools and school biiildings within that subdivision of 
the State. For the purpose of that function it receives from the tax payers 
and holds as a trustee the school fund, and is bound to administer it for the 
benefit of the beneficiaries of the trust. The tax payers are in equity the 
owners of the fund, and the board can only hold and apply it to the legiti- 
mate purposes of the trust. The law is established, beyond doubt or contro- 
versy, that a bill to enjoin public officers so situated from misappropriating 
the fund in their charge is a proper remedy for a tax payer. Courts of chan- 



99 

eery will interfere to restrain such authorities fi-om the misuse of the fund 
entrusted to them, or its appropriation to a purpose not warranted by law. 
Adams v. Brenan, 177-194. 

9. A board of education has no power to agree with the representatives of 
labor organizations to insert in all its contracts for work on school buildings, 
a provision that none but union men should be employed in such work or 
placed on its pay-rolls. Such contract is a discrimination between different 
classes of citizens, and of such a nature as to restrict competitioQ and to 
increase the cost of work. It is unquestionable, that if the Legislature 
should enact a statute containing the same provision as this contract in 
regard to any work to be done for boards of education, or if they should by 
statute undertake to require this board, as the agency of the State in the 
management of school affairs, to adopt such a rule or insert such a clause in 
its contracts, or should undertake to authorize it to do so, the provision 
would be absolutely null and void as in conflict with the Constitution. Ibid. 

10. There is no more reason or justification for such a contract than there 
would be for a provision that no one should be employed except members of 
some particular party or church. In any such case it might be said that the 
board entertained a bojia flde opinion that the members of some political party 
were more intelligent and better capable of performing the work, so that bet- 
ter results would be attained; or that the members of a church, on account of 
their higher standard of morality, woiild more faithfully and conscientiously 
carry out the contract. The fact that the board may have been of the opinion 
that' its action was for the benefit of the public, can not afford a justification 
for limiting competition in bidders and requiring them to abandon the right 
to contract with whomsoever they may choose for the performance of the 
work. Ibid. 

11. The board of education may stipulate for the quality of material to be 
furnished, and the degree of skill required in workmanship, but a provision 
that the work shall be done only by certain persons or classes of persons, 
members of certain societies, necessarily creates a monopoly in their favor. 
The effect of the provision is to limit competition by preventing contractors 
from employing any certain persons and by excluding therefrom all others 
engaged in the same work, and such a provision is illegal and void. A tax 
payer may resist an attempted appropriation of his money in execution of 
such a contract. Ibid. 

12. A tax payer may enjoin the expenditure of a school fund under a 
provision of a contract for a public school building requiring the employment 
of union men only, although neither the contractor nor excluded laborers 
complain. The failure of a bill to show that it was filed before work was 
begun under the contract, does not affect the complaining tax payers right 
to relief, where the contract under which the expenditure is attempted is 
against public law, which the contractor is bound to know. Ibid. 

13. No question concerning the merits of labor or trades unions is in any 
way involved in this case. The right of organization for mutual benefit in all 
lawful ways is not denied. The question is, whether the board of education 
has a right to enter into a combination with such an organization for the 
expenditure of the tax payers' money for the benefit of members of the 
organization, and to exclude any portion of the citizens following lawful 
trades and occupations from the right to labor. It has no such right. Ibid. 

§ 18. Any person having resided in any such city more than five 
years next preceding his appointment, shall be eligible to member- 
ship of such board of education. 

§ 19. The said board of education shall appoint a president and 
secretary, the president to be appointed from their own number, and 
shall appoint such other officers and employes as such board shall 
deem necessary, and shall prescribe their duties and compensation 
and terms of office. 



100 

§ 20. Tiie said board shall provide well bound books, at the ex- 
pense of the school tax fund, in which shall be kept a faithful record 
of all their proceedings. The yeas and nays shall be taken and en- 
tered on the records of the proceedings of the board upon all ques- 
tions involving the expenditure of money. 

§ 21. The said board of education shall have charge and control 
of the public schools in such cities, and shall have power, with the 
concurrence of the city council — 

Fii'st — To erect or purchase buildings suitable for school houses, 
and keep the same in repair. 

1. A board of education erecting- a school building in pursuance of the 
duties imposed upon it by statute, being- merely the agent of the State, can 
not be made to respond in damages, as master, for the negligent acts of 
workmen employed upon the building. Kinnare v. City of Chicago, 171-332. 

2. The board of education, with the concurrence of the common council, 
has power to erect school houses, and it is to be assumed the connection of 
the city with the construction of such buildings, is only such as arise out of 
the authority and power vested in the city by the provisions of this section. 
The erection of a school building is of no benefit to the city as a municipal- 
ity, and whatever connection it has with the board of education in the mat- 
ter of construction of a building is simply for the purpose of discharging a 
public duty cast upon it by the law-making power of the State. That duty is 
governmental in its character. It is performed in obedience to a statute 
w^hich was enacted because it was deemed expedient by the Legislature, in 
the distribution of the powers of the government, to require the city, nolens 
volens, to perform a public service in which the city, as a corporation, had 
no interest. Ibid. 

Second — To buy or lease sites for school houses with the necessary 
grounds. If said board of education shall be unable to agree with 
the owner or owners for the purchase of such site, then, with the 
concurrence of the city council, it may acquire the title to said site 
in the manner that may be now or hereafter provided for by any law 
of eminent domain. Such proceedings to condemn shall be in the 
name of said city in trust for the use of the schools. (As amended 
by an act approved April 22, 1899.) 

Third — To issue bonds for the purpose of building, furnishing and 
repairing school houses, for purchasing sites for the same, and to 
provide for the payment of said bonds ; to borrow money for school 
purposes upon the credit of the city. 

§ 22. The said board of education shall have power — 

First — To furnish schools with the necessary fixtures, furniture 
and apparatus. 

Second — To maintain, support and establish schools and supply 
the inadequacy of the school funds for the salaries of school teachers 
from school taxes. 

Third — To hire buildings or rooms for the use of the board. 

Fourth — To hire buildings or rooms for the use of schools. 

Fifth — To employ teachers and fix the amount of their compensa- 
tion. 

Sixth — To prescribe the school books to be iised, and the studies 
in the difPerent schools. 

Seventh — To lay off and divide the city into school districts, and 
from time to time alter the same and create new ones, as circum- 



101 

stances may require, and generally to have and possess all the rights* 
powers and authority required for the proper management of schools, 
with power to enact such ordinances as may be deemed necessary 
and expedient for such purpose. 

Eighth — To expel any pupil who may be guilty of gross disobedi- 
ence or misconduct. 

Nintli — To dismiss and remove any teacher whenever, in their 
opinion, he or she is not qualified to teach, or whenever, from any 
cause, the interests of the school may, in their opinion, require such 
removal or dismission. 

Tenth — To apportion the scholars to the several schools. 

Eleventh — To lease school property and to loan moneys belonging 
to the school fund. 

Twelfth — To grant the use of assembly halls and class rooms when 
not otherwise needed, including light, heat and attendants for public 
lectures, concerts and other educational and social interests free of 
cost, but under such provisions and control as they may see fit to im- 
pose. (As amended by an act approved May 13, 1903.) 

1. It will be seen that no specific grant of power to furnish text books for 
the free use of all scholars can be found in the powers enumerated in section 
22, article 6 of the general school law. Nowhere among- the powers of the 
board of education can a specific grant of power to furnish free text books 
be found. If the power exists it must be found under the general grant of 
pow^er in the seventh item of powers, or it must arise by implication from 
the body of the powers granted and the evident purpose the Legislature had 
in view in passing these statutes. Harris v Kill, 108A-305. 

3. The board of education has for some years, purchased libraries and sup- 
plied school books for the children of indigent parents, and the exercise of 
this power has thus far gone unchallenged, although no specific provision 
authorizing the purchase of such books exists. The case of supplying text 
books to the children of parents too poor to buy them differs radically, if 
not in principle, certainly in reason and degree, from the case of furnishing 
text books free to the children of w^ealthy parents. The Constitution pro- 
vides that all children of the State may receive a good common school educa- 
tion. It may be said that the behests of the Constitution cannot be complied 
with if the children of the very poor are not supplied with free text books. 
The same thing cou.ld not be said if the children of the wealthy were not 
supplied with free text books. Ibid. 

3. It is insisted that the powers and authority required for the proper 
management of schools are placed with the board and that, of necessity, the 
judgment of the board must be accepted in determining what acts are neces- 
sary and expedient for the proper management of schools; that the board has 
found that they cannot carry out the constitutional command to provide a 
thorough and efficient system of free schools without supplying free text 
books to all pupils. It must be said, however, that the Constitution is not 
self-executing and that the Legislature must, either by general or specific 
grant, give the power to the board to purchase with public school fimds, text 
books for the wealthy, before the court can hold that the board of education 
has such power. Ibid. 

4. It is a general rule that an attenapted enumeration will limit the general 
terms. Upon an examination of the school law applicable to the various 
classes of districts it is found that the Legislature has most carefully limited 
the powers of boards of directors and boards of education in certain direc- 
tions and the power of boards to purchase books for free general distribution 
cannot by any fair implication be recognized. Ibid. 

5. The authority of the board of education must not be extended nor its 
powers enlarged, either by intendment or by any strained construction of 
the statute. The court has considered the compulsory education laws of this 



102 

state, but it is unable to find therein any expression which by intendment or 
fair implication can be construed as giving the board of education authority 
to make free distribution of school books to all pupils. Ibid. 

6. It is apparent that there is a marked dinstinction between purchasing 
books for a library, having its home in the school building, and frora pur- 
chasing school books for the individual, exclusive and free use of all pupils. 
The library would be for the use of all the pupils as much as the maps or 
charts hanging on the walls of the school rooms. No well-defined policy 
with reference to furnishing free text books to all pupils can be found in this 
State, at least of so pronounced a character that we would be justified in en- 
grafting it upon the school laws of the State. Ihid. 

7. It is argued that the public policy of the State and a reasonable inference 
as to the intention of the Legislature drawn from the vai"ious statutes, are 
that under the general powers conferred upon the board of education under 
the seventh section of its list of powers, full authority is given it to distri- 
bute school books for the free use of all pupils. Such power to expend school 
moneys in ways new and untried in this State should first be clearly granted 
by the Legislature and not assumed by the zeal of boards of education or by 
the construction of courts. Ibid. 

§ 28. It shall be the duty of such board of education- — 

First — To take the entire superintendence and control of the 
schools in such cities. 

Second — To examine all persons offering themselves as candidates 
for teachers, and when found well qualified to give them certificates 
gratuitously. 

Third— To visit all the public schools as often as once a month. 

Fourth— To establish all such by-laws, rules and regulations for 
the government and for the establishment and maintenance of a proper 
and uniform system of discipline in the several schools as may, in 
their opinion, be necessary. 

Fifth — To determine from time to time how many and what class 
of teachers may be employed in each of the public schools, and employ 
such teachers and fix their compensation. 

Sixth — To take charge of the school houses, furniture, grounds 
and other property belonging to the school districts, and see that the 
same are kept in good condition and not suffered to be unnecessarily 
injured or deteriorated. 

Seventh — To provide fuel and such other necessaries for the schools 
as, in their opinion, may be required in the school houses, or other 
property belonging to the said districts. 

Eighth — To inquire into the progress of scholars and the govern- 
ment of the schools. 

Ninth — To prescribe the method and course of discipline and in- 
struction in the respective schools, and to see that they are maintained 
and pursued in the proper manner. 

Tenth — To prescribe what studies shall be taught, and what books 
and apparatus shall be used. 

Eleventh — To report to the city council, from time to time, any 
suggestions they may deem expedient or requisite in relation to the 
schools and the school fund, or the management thereof, and gener- 
ally to recommend the establishment of new schools and districts. 

Twelfth — To prepare and publish an annual report, which shall 
include the receipts and expenditures of each school, specifying the 
source of such receipts and the object of such expenditures. 



108 

Thirteenth — To communicate to the city council, from time to time, 
such information within their possession as may be required. 

§ 24. None of the powers herein conferred upon the board of 
education of such cities shall be exercised by them except at a regular 
meeting of such board. 

§ 25. All conveyances of real estate shall be made to, and the title 
of all such as shall be acquired by condemnation shall rest in the city 
in trust for the use of the schools, and no sale of real estate or interest 
therein used for school purposes or held in trust for schools shall be 
made, except by the city council upon the written request of such 
board of education. (As amended by act approved April 22, 1899.) 

1. It seems clear, from all the legislation on the subject, it was the inten- 
tion of the Legislature that the city, in cities having over 100,000 inhabitants, 
should have the title to all real estate held for school purposes, and the city 
treasurer should have the custody of all school funds, no matter from what 
source derived. The board of education in such cities is given no independent 
powers as to the real estate held or to be purchased for school purposes. 
Whatever the board can do in reference to buying or leasing sites for school 
houses, or issuing bonds for the erection of buildings thereon, can only be 
done with the concurrence of the common council. People v. Roche, 124-9. 

2. The powers and duties the board may exercise, independently of the 
common council, relate mostly to furnishing school houses, the employment 
of teachers, and the management of schools generally. But all school prop- 
erty and funds are placed in or under the care of the common council or 
some city oflBcer. There is no express provision of the law that authorizes 
the board of education to take to itself the conveyance of any real estate, for 
the purpose of holding the title as an actual owner might do, nor is there any 
express statute giving the board authority to hold the title to real estate by 
way of pledge or security for the payment of indebtedness, and if they have 
any such power, it must arise, by implication, from other powers expressly 
conferred. Ibid. 

3. As respects the sale of real estate held for school purposes, the statute 
is so plain it admits of no construction. It can only be sold on two express 
conditions, — first, the sale must be made by the common council; and second, 
it must be made by the council on the written request of the board of educa- 
tion. In case it is necessary to take a mortgage to secui*e any portion of the 
purchase money, the statute is silent as to what corporate body it shall be 
made. Ibid. 

4. Ordinarily it is the vendor that takes the mortgage to himself, to secure 
the unpaid purchase money, and following the custom that prevails with 
private individuals in this respect, it would seem the corporate body author- 
ized by law to convey school property should take to itself the mortgage to 
secure the balance of the purchase money, if any remain unpaid. It would be 
competent for the Legislature to provide, by statue, on the sale of school 
lands by the common council the mortgage to secure the unpaid purchase 
money might be made to the board of education; but no provision has been 
made, by statute, for giving a mortgage in such cases to the board of educa- 
tion. Outside of statutory provisions, considerations of convenience would 
seem to require the mortgage should be given to the city. Ibid; Brenan v. 
Tlie People, 176-630. 

§ 26. All moneys raised by taxation for school purposes or re- 
ceived from the State common school fund, or from any other source 
for school purposes, shall be held by the city treasurer as a special 
fund for school purposes, subject to the order of the board of educa- 
tion, upon warrants to be countersigned by the mayor and city 



104 

comptroller, if there shall be any city comptroller appointed, if not 
then by the city clerk. (As amended by an act approved April 22, 
1899.) 

§ 27. Said board of education shall not add to the expenditures 
for school purposes anything over and above the amount that shall 
be received from the State common school fund, the rental of school 
lands or property, and the amount annually appropriated for such 
purposes. If said board shall so add to such expenditure the city 
shall not, in any case, be liable therefor. And nothing herein con- 
tained shall be construed so as to authorize any such board of educa- 
tion to levy or collect any tax upon the demand, or under the direc- 
tion of such board of education. 

§ 28. All schools in such cities shall be governed as hereinbefore 
stated and no power given to the board of education shall be exer- 
cised by the city council of such city. 



Article VII. 

TEACHEES. 



§ 1. No teacher shall be authorized to teach a common school 
under the provisions of this act who is not of good moral character, 
at least 18 years of age, if a male, or 17 years of age, if a female, and 
who does not possess a certificate of qualifications as hereinafter pro- 
vided for: Provided, that in any county in which a county normal 
school is established, under the control of a county board of educa- 
tion, the diplomas of graduates in said normal school shall, when di- 
rected by said board, be taken by the county superintendent as sufii- 
cient evidence of qualification to entitle the holder to a first grade 
certificate, but such diplomas shall not be sufficient after two years 
from such graduation. 

§ 2. It shall be the duty of the Superintendent of Public Instruc- 
tion to grant State certificates to teachers that may be qualified to 
receive them. Such certificates shall be valid in every district in this 
State during the good behavior of the holder thereof. But such cer- 
tificates shall be granted only upon public examination, under such 
regulations and by such examiners as the Superintendent of Public 
Instruction shall prescribe and appoint: Provided, however, that 
such examination shall be complete in itself. And, provided, fur flier, 
that the Superintendent of Public Instruction shall have power to 
suspend the operation of any State certificate for immorality or other 
unprofessional conduct. Before entering upon his duties as teacher, 
the holder of any State certificate shall present the sam.e to the county 
superintendent for registration. A fee of one dollar shall be 
charged therefor and covered into the institute fund. (As amended 
by an act approved May 12, 1905.) 

§ 3. It shall be the duty of the county superintendent to grant 
certificates to such persons as may, upon due examination, be found 



105 

qualified. Said certificates shall be of two grades ; those of the first 
grade shall be valid in the county for two years, and shall certifiy that 
the person to whom such certificate is given is of good moral char- 
acter and is qualified to teach orthography, reading in English, pen- 
manship, arithmetic, English grammar, modern geography, civics, 
the elements of natural sciences, the history of the United States, the 
history of Illinois, physiology and the laws of health. Certificates of 
the second grade shall be valid for one year, and shall certify that the 
person to whom such certificate is given is of good moral character, 
and is qualified to teach orthography, reading in English, penman- 
ship, arithmetic, English grammar, modern geography, civics, the 
history of the United States and the history of Illinois: Provided, 
that teachers exclusively teaching music, drawing, penmanship, book- 
keeping, German, or any other special study, shall not be required to 
be examined except in reference to such special study, and in such 
cases it shall not be lawful to employ such teachers to teach any 
branch of study except such as they have been examined upon and 
which shall be stated in the certificates. The county superintendent 
may, in his option, renew said certificates at their expiration by his 
endorsement thereon, and may revoke the same at any time for im- 
morality, incompetency or other just cause. 

Said certificates may be in the following 'form, viz: 

Illinois, A. D 

The undersigned having- examined in 

orthography, reading in English, penmanship, arithmetic, English grammar, 
modern geography, civics, the history of the United States, the history of 

Illinois, and methods of teaching, and being satisfied that 

is of good moral character, hereby certifies that qualifica- 
tions in the above branches are such as to entitle 

to this certificate, being of the grade, and valid in said county for 

year. . . from the date hereof, renewable at the option of the county 

superintendent by his endorsement thereon. 

Given under my hand and seal at the date aforesaid. 

A B , 

County Superintendent of Schools. 
{As amended by an act approved May 12, 1905.) 

1. Section 3, article 7, provides, that it shall be the duty of the county sup- 
erintendent to grant certificates to such persons as may, upon due examina- 
tion, be found qualified; that such certificates shall be of two grades; that 
those of the first grade shall be valid in the county for two years and shall 
■certify that the person to whom the certificate is given is of good moral char- 
acter and qualified to teach certain subjects therein specified. This section 
further provides, that the county superintendent may, in his option, renew 
said certificates at their expiration by his endorsement thereon. Van Dom v. 
Anderson, 117A-618. 

3. By virtue of this section, a county superintendent has pow^er, and it is 
his duty, to determine w^hether or not the person examined is qualified to 
teach; the grade of certificate to which he is entitled, and, upon the expira- 
tion of a certificate, whether or not it shall be renewed. These questions are 
by the statute submitted to the decision of the superintendent. The act of 
ascertaining and determining what are the requisite facts upon which his 
action must be predicated, is in its natui*e judicial, involving investigation, 
judgment and discretion. With the exercise of such discretionary power, the 
courts are precluded from interfering, unless the same be grossly abused, or 
exercised from selfish and unworthy motives, or there is such an evasion of 



106 

positive duty as to amount to a virtual refusal to perform the same, in which 
event such abuse of discretion or failure to act will be controlled by man- 
damus. Ibid. 

3. When a county superintendent has once determined that an applicant is 
qualified to teach, and the grade of certificate to which he is entitled, or that 
he is entitled to a renewal of a certificate theretofore granted, his discretionary 
or judicial powers are exhausted. The resultant duty to issue a certificate to 
that effect, or to endorse a renewal upon a former certificate, being impera- 
tive, specific, well-defined and not requiring the exercise of judgment or 
discretion, is ministerial merely, and the performance of that duty may, upon 
his neglect or refusal to act, be coerced by a peremptory writ of m,andam,us. 
Ibid. 

4. Where a certificate, although upon its face in accordance with the statute, 
fails to correctly state the true date of its issuance, or is in any particular 
false, nntrue or erroneous, Tnandamus will lie to compel either the issuing by 
t.^ie county superintendent of a true and correct certificate, or the correction 
of the one already issued so that it will correctly and truly state the facts. 
lUd. 

5. The action of a county superintendent in ante-dating a certificate is 
without legal justification and unwarranted, no matter what his motive may 
be. A certificate being the only evidence a teacher can possess or obtain as 
to his right to teach, he is entitled to have it show such authority for the full 
term provided by statute. Where a teacher is deprived of such evidence by 
the arbitrary, unauthorized and illegal act of a county superintendent and 
thereby rendered unable to exercise his profession, he loses a valuable prop- 
erty right, to regain which the remedy by mandam,us is properly invoked. 
Ibid. 

6. A certificate of qualification, obtained from the county superintendent, is 
prima facia evidence of the fact of his competency to teach. The law does 
not require the highest possible qualifications, or a talent for his profession 
equal to the most eminent and successful teachers. It requires only average 
qualification and ability, and the usual application to the discharge of the 
duties of a teacher, to fulfill his contract. Neville v. School Directors, 36-71. 

7. A certificate is pi-ima facia evidence of qualification. It cannot be im- 
peached, although it may be overcome by proof of incompetency. Neither 
can it be properly shown that for any particular certificate, the teacher was 
examined by the county superintendent. If the county superintendent had 
previously examined him and thereupon given him a certificate, a renewal 
does not require another examination. Doyle v. School Directors, 36A-653. 

8. The statute provides that no teacher shall be authorized to teach a com- 
mon school, who does not possess a certificate as required by this section. It 
is made the duty of the county superintendent to grant certificates to such 
persons as may upon due examination, be found qualified, and it is provided 
that he shall certify that the person to whom such certificate is given is quali- 
fied to teach the enumerated branches. School District v. Sterricker, 86-595. 

9. While the statute imposes no duty to give to any one a certificate, ex- 
cept to a person found qualified upon due examination, yet the statute does 
not require the certificate to state upon its face what the examination was, or 
that such examination was had. The statute requires the certificate to state 
that the person to whom the certificate is given is qualified to teach the 
branches enumerated. Ibid. 

10. A certificate is not invalid for want of conformity to the form furnished 
in the statute. The statute prescribes what fact the certificate must state, 
and then adds, that the certificate may be drawn in a given form. The woi'd 
m,ay in this case was not intended to be interpreted must. The certificate is 
in the nature of a commission, and cannot be attacked collaterally. Ibid. 

11. The date appearing on the face of a contract is not conclusive even 
against the parties to it. Holding a teacher's certificate at the time of ac- 
cepting their proposition and contracting with them in writing, the contract 



107 



is valid and binding on the directors, and in discharging the teacher without 
cause they become liable for the amount of wages according to contract, un- 
less it be shown that such teacher could have procured work of a similar 
character. And to show this fact is incumbent on the directors to reduce the 
amount to be recovered. School District v. Stilley, 36A-133. 

§ 4. Each county superintendent shall also keep a record, in a 
book provided for that purpose, of all teachers to whom he grants 
certificates. Said record shall show the date and grade of each cer- 
tificate and all renewals granted, and the name, age and nativity of 
each teacher; and shall give the names of male and female teachers 
separately. Said record may be as follows, viz: 



Name. 


Age. 


Nativity. 


Date. 


Grade. 


Experience. 


Graduated. 


Chas. Thompson. 


25 


Illinois.. 


Mar. 1,1888 


1 


Has taught 5 
years 


Normal University 



§ 5. No teacher shall be entitled to any portion of the common 
school or township fund, or other public fund, or be employed to 
teach any school under the provisions of this act, who shall not, at 
the time he enters upon his duties as such teacher, have a certificate 
of qualification obtained under the provisions of this act from the 
superintendent of the State, or the county superintendent of the 
county in which the school is located, entitling him to teach. (As 
amended by act approved June 19, 1893.) 

1. Prior to July 1, 1893, the statute provided that no teacher should be en- 
titled to any portion of the school fund or be employed to teach v^ho had not, 
at the time of the employment, a certificate of qualification, but the amend- 
ment in force on the day mentioned, it is sufficient that the teacher shall 
have the certificate at the time he enters upon his duties as such teacher. 
Pollard V. School District, 65A-104; Scliool Directors v. Orr, 88A-648. 

2. By this section of the statute, the possession by the teacher at the time 
he enters upon his duties as such teacher, of a legal certificate of qualifica- 
tion, is made a condition precedent to his right to receive any portion of the 
public money for his services, and the facts necessary to constitute a com- 
pliance with the statute in this respect must be distinctly and affirmatively 
alleged in a declaration to recover for the services of a teacher, or to recover 
damages from the school district for the breach of a contract to teach. 
Stanhope v. School Directors, 42A-570. 

3. A school district created by virtue of any special act, is a common school 
district. The public schools taught in it are common schools, and there is no 
reason why the general law of the State for the securing of competent teachers 
for the common schools, and providing for the examination of such teachers 
and their being found qualified by the county superintendent of schools, 
should not apply to the common schools of such district as well as to the 
other common schools of the State. Unless the board of directors or board 
of education of such school district is, in express terms, vested with the 
power to examine its teachers and grant them certificates, no teacher may be 
employed, or receive any part of the school fund, -vvho does not possess the 
qualifications required by the general law. Board of Education v. Arnold, 
112-11. 

§ 6. Every school established under the provisions of this act 
shall be for instruction in the branches of education prescribed in 
the qualifications for teachers, and in such other branches, including 
vocal music and drawing, as the directors, or the voters of the dis- 
trict at the annual election of directors may prescribe. 



108 

8. Under this provision it could not be known, until after the annual elec- 
tion of directors, but that the voters of the district would prescribe that cer- 
tain branches should be taught beyond those ordinarily taught in the district 
schools, and there can be no intelligent employment of a teacher until it 
shall be known what is required to be taught. Stevenson v. School Directors, 
87-355. 

2. Power is expressly given to directors to order that other branches than 
those enumerated, may be taught in the common schools, and by another 
-section, they are given discretion to say what those branches of study shall 
be. The medium of instruction in all schools established or to be established 
under existing laws shall be the English language, but there has been no in- 
tention expressed, in any legislation respecting schools, to inhibit the teach- 
ing of the modern languages in such schools. Potvell v. Board of Education, 
■97-875. 

§ 7. It shall be the duty of the county superintendent to hold 
meetings quarterly, and oftener, if necessary, for the examination of 
teachers, on such days and in such places in the respective counties 
as will, in their opinion, accommodate the greatest number of persons 
desiring such examination. Notice of such meetings shall be pub- 
lished a sufficient length of time in at least one newspaper of general 
circulation. (As amended by an act approved May 12, 1905.) 

§ 8. The county superintendent shall in all cases require the pay- 
ment of a fee of one dollar from every applicant for examination for 
a teacher's certificate, and for each renewal of such a certificate he 
shall require the payment of a fee of one dollar. 

§ 9. All moneys so received from applicants for teachers' certifi- 
cates, and from the registration fees hereinafter provided for, the 
said county superintendent shall transmit monthly to the county 
treasurer, to be by him held and designated as the institute fund, 
and with such fund the county superintendent shall give the treasurer 
a list of the names of the persons paying such fees. Said fund shall 
be paid out by the county treasurer only upon the order of the county 
superintendent, and only to defray the expenses of the teachers' in- 
stitutes, which the county superintendent is, by the following sec- 
tions, authorized to hold. The county superintendent shall take 
vouchers for all payments made out of the institute fund, and he 
shall render an account of such disbursements, with vouchers for the 
same, to the county board at their regular meeting in September 
annually. 

§ 10. The county superintendent shall hold, annually, a teachers' 
institute, continuing in session not less than five days, for the in- 
struction of teachers and those who may desire to teach; and, with 
the concurrence of the State Superintendent of Public Instruction, 
procure such assistance as may be necessary to conduct said institute 
at such time as the schools of the county are generally closed: Pro- 
vided, that two or more adjoining counties may hold an institute 
together. At every such institute instruction shall be free to such 
as hold certificates good in the county (or counties where two or 
more join to hold an institute) in which the institute is held; but the 
county superintendent shall require all others attending to pay him a 
registration fee of one dollar, except those who have paid him an ex- 
amination fee as required by section 8 of this article, and failed to 
receive a certificate. 



109 



§ 11. The time not exceeding three days in any one term, or five 
days in any one school year, during term time, actually spent by a 
teacher of any public school in this State in attendance upon a. 
teachers' institute, held under the direction of the county superin- 
tendent of schools, shall be considered time lawfully expended by 
such teacher in the service of the district where such teacher is em- 
ployed, and no deduction of wages shall be made for such absences. 
And it shall be the duty of the school officers and boards of education 
to allow teachers to close their schools for such attendance upon such 
institute. 

§ 12. It shall be the duty of every teacher employed in the public 
schools of the State to see that the school property of the district, 
placed under his care and control, is not unnecessarily damaged or 
destroyed. And no teacher shall be paid any part of the school 
funds, unless he shall have kept and furnished schedules (when re- 
quired by law) as hereinafter directed, and shall also have satisfac- 
torily accounted for all books, apparatus and other property belonging 
to the district, which he may have taken in charge. 

§ 13. Teachers shall keep correct daily registers of their schools, 
which shall exhibit the name, age and attendance of each pupil, the 
daj^ of the week, the month and the year. Said registers shall be, as 
nearly as may be, in the following form, the absence of each scholar 
being signified by a mark, the presence by a blank, viz: 

Register of a common school kept by A. B., at in district 

No in township No rang-e of the 

principal meridian, in the county of in the State of Illinois. 



Names and Ages of Scholars 
Attending School. 


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110 

Said register shall be furnished to the teachers by the school 
directors, and each teacher shall, at the end of his term of school, re- 
turn his register to the clerk of the school board of the district. And 
no teacher shall be paid any part of the public funds unless he shall 
have accurately kept and returned the register as aforesaid. 

1. Where a teacher sues to recover wages, and it appears that she offered 
to deliver the register and schedule to the clerk, the new^ clerk of the board, 
and he refused to accept them, it is held that the directors can not contend 
that she failed to return schedule and register, and that she completed the 
term according to lavs^. School Directors v. Sprague, 78A-390. 

2. Where the proof is satisfactory that a contract was made for the employ- 
ment of a teacher, two directors consenting to it; that the school was taught, 
and that a schedule was made out by the teacher and presented to one of the 
directors, who signed and retained it, it is held that such teacher is entitled 
to recover the wages agreed upon. AdMiis v. Mitchell, 67-511. 

§ 14. In all districts controlled by a board of directors, teachers 
shall make schedules of the names of all scholars under twenty-one 
(21) years of age attending school, in the form prescribed by this 
act, and when scholars reside in two (2) or more districts, townships 
or counties ; separate schedules shall be kept for each district, town- 
ship or county. Boards of education may require teachers under 
their control to make schedules as herein directed, or to make state- 
ments certifying the number of days' attendance for each month, as 
shown by their registers, which statements shall be certified to by the 
board of education, and be subject to the same requirements concern- 
ing payment of teachers' salary and filing as those made by this act 
concerning schedules. The schedules to be made and returned by 
the teacher shall be, as near as circumstances will permit, in the fol- 
lowing form, viz: 

Schedule of common school kept by at in 

district No , township No , range No of the 

principal meridian, in the county of in the State 

of Illinois. Names and ages of scholars residing in district No 

in township No north, range w^est, county, 

who have attended in my school during the time beginning the 

day of , 19 .... , and ending day of 19 .... , 

during which time the school was in session .... school days. 



Name. 



Days 
Attended. 



John Smith 

Isaac Meisler. . . 
Sarah Danforth 
Mary Newman. 



Grand total number of days' attendance. 



64 







Males. 


Females. 


Total. 


Number of scholars 


2 


2 


4 






Average daily attendance 


3.2 











Ill 

And said teacher shall add up the whole number of days' attend- 
ance of each scholar, and make out the grand total number of days' 
attendance. He shall also note the whole number of scholars, giving 
the males and females separately; the average daily attendance, and 
shall set the age of each pupil opposite the name of such pupil, as in 
the form above prescribed, and shall attach thereto his certificate, 
which shall be in the following form, viz: 

I certify that the foregoing schedule of scholars attending my school as 
therein named, and residing as specified in said schedule, to the best of my 
knowledge and belief is correct. 

A B Teacher. 

§ 15. When the teacher shall have completed his or her schedule 
or schedules as provided in the foregoing section, he or she shall de- 
liver it to some one of the directors, who shall, if requested, give the 
teacher a receipt for the same. And it shall be the duty of the said 
director, in connection with at least one other director of the board 
to carefully examine such schedule or schedules, and after correcting 
all errors, if any, if they shall find such schedule to have been kept 
according to law, they shall certify to the same as near as practicable, 
in the following form, viz: 

State of Illinois, ) 
County, \ 

We, the undersigned directors of district No , township No. 

, range No , in the county aforesaid, certify that we have 

carefully examined the foregoing schedule and find the same to be correct, 
and that the school was conducted according to law; that the teacher is paid 

as per contract dollars per ; the sum of dollars 

is now^ due for services for the month ending ; that 

said teacher has a legal certificate of grade, and that the property 

of said district in charge of such teacher has been satisfactorily accounted for. 

Witness our hands this day of , A. D 



Directors. 

§ 16. Teachers' wages are hereby declared due and payable 
monthly, and upon certifying to the schedule or statement as here- 
inbefore provided for, the directors or board of education may at 
once make out and deliver to the teacher an order upon the township 
treasurer for the amount named in the schedule or statement; which 
order shall state the rate at which the teacher is paid according to 
his contract, the limits of the time for which the order pays, and that 
the directors have duly certified a schedule covering the time speci- 
fied in such order: Provided, that in case said order shall be pre- 
sented to the township treasurer and not paid for want of funds, said 
treasurer shall certify on the back of such order the date of presenta- 
tion as required by section 18 of article 4 of this act, and thereafter 
such order shall bear interest at the rate of 7 per cent per annum un- 
til paid, or until the said treasurer shall notify the clerk of the board 
of directors issuing such order that he has funds with which to pay 
the same. (As amended by an act approved April 24, 1899.) 

§ 17. The school month shall be the same as the calendar month, 
but teachers shall not be required to teach upon Saturdays, Sundays, 



112 

legal holidays, these being New Year's, Fourth of July, Christmas 
and Thanksgiving, and fast days appointed by the National or state 
authority; nor shall they be required to make up the time lost by 
closing the school upon such days or upon such special holidays as 
may be granted the schools by the board of directors. 



Aeticle VIII. 



EEVENUE — TAXATION. 



§ 202. For the purpose of establishing and supporting free 
schools for not less than six nor more than nine months in each year, 
and defraying all the expenses of the same of every description, for 
the purpose of repairing and removing school houses, of procuring 
furniture, fuel, libraries and apparatus and for all other necessary in- 
cidental expenses in each district, village or city, anything in any 
special charter to the contrary notwithstanding, the directors of such 
district and the authorities of such village or city shall be authorized 
to levy a tax annually upon all the taxable property of the district, 
village or city not to exceed two and one-half per cent for educa- 
tional and two and one-half per cent for building purposes (except to 
pay indebtedness contracted previous to the passage of this act), the 
valuation to be ascertained by the last assessment for the State and 
county taxes: Provided, that in cities having a population exceed- 
ing one hundred thousand inhabitants the board of education may 
establish and maintain vacation schools and play grounds under such 
rules as it shall prescribe. (As amended by an act approved April 
21, 1899.) 

1. The number 303, as used in the amendment to section 1, article 8, may 
be regarded as surplusage. The Constitution nowhere provides that the sec- 
tion of an act sought to be amended, shall be indicated. It requires that the 
subject matter of the act sought to be amended shall be expressed in the title 
of the amendatory act, and that the section amended, shall be inserted at 
length in the new act. In the amendatory act approved April 21, 1899, both 
of these constitutional provisions are fully complied with. There is no un- 
certainty as to what section the Legislature intended to amend, and where 
the intention of the Legislature can be ascertained with absolute certainty, 
the courts will carry such intention into effect and hold the amendment valid. 
Otis V. The People, 196-543. 

2. A tax to enable a school district to pay its proportionate share of a 
school building is a tax for building and not for educational purposes. School 
Trustees v. School Directors, 190-390. 

3. A district working under special charter provisions concerning public 
schools, may levy a tax for building purposes w^ithout a vote of the people 
authorizing the erection of a school building, if the special provisions contain 
no such requirement. Cleveland, Cincinnati, Chicago & St. Louis Railway 
Company v. Randle, 183-364. 

4. Where existing special charter provisions concerning public schools do 
not require a prior vote of the people favoring the erection of a school build- 
ing, a tax for building purposes in excess of the amount required for current 
expenses may be levied w^ithout the authority of such prior vote. Lippincott 
V. Board of Education, 186-20,5. 



113 

5. A school district which has issued bonds to the full amount limited by- 
its special charter for building piirposes. may levy a tax for building' pur- 
poses, at the legal rate, and any surplus remaining- after paying matured bonds 
issued for building purposes, and interest on outstanding ones, may be used 
for building purposes. Cincinnati, Lafayette & Chicago Railway Company 
V. The People, 206-387. 

6. The cost of building a small coal shed, of painting and papering the 
school house, of lumber and flooring, of building a porch, of stoves and re- 
pairs on the sam.e, and of fuel and janitor service, can not be included in a 
tax levied for building purposes, but must be included in the two and one- 
half per centum levied for educational purposes. O'Day v. The People, 171- 
293. 

7. It is the intention of this statute that all of the current ordinary ex- 
penses of the schools, including ordinary repairs, are to be covered by the 
taxes to be levied within the two and one-half per centum for educational 
purposes, and that the additional taxes to be levied within the additional two 
and one-half per centum for building purposes are intended only to provide 
the means necessary to meet the special occasion of the building of a school 
house. The proper construction of this statute is, that the words for building 
purposes are special, and apply solely to the building of school houses and 
matters incident thereto, while the words for educational purposes are gen- 
eral, and apply to all matters for which a board of directors may levy school 
taxes. Ibid. 

8. The words heating and repairing purposes in a certificate of school di- 
rectors, include such necessary incidental expenses as are embraced within the 
meaning of the term educational and school purposes as used in the law. and 
not building purposes, for which an additional tax may be levied. Chicago & 
Alton Railroad Company v. The People, 163-616. 

9. The placing of a steam heating apparatus in a school building, to replace 
an old one; the reconstruction of a part of the basement; changing the 
system of drainage in the basement and constructing a stone walk around 
the school building, are matters which should be provided for under the tax 
levied for educational purposes and not for building purposes. Wabash Rail- 
road Company v. The People, 187-389. 

10. Items for educational purposes which are improperly included in the 
levy for building purposes can not be held valid, even though the tax levied 
for educational purposes does not equal the amount authorized by law, since 
the funds for the tw^o purposes can not be commingled and taxes levied for 
o2ie purpose can not be applied to the other. Knopf v. The People, 185-20. 

11. School directors can exercise no other powers than those expressly 
granted, or such as may be necessary to carry into effect a granted power. 
Where a school house is built and accepted without a vote of the people, the 
fact that it -was used for school purposes does not legalize the act, or bind 
the tax-payers. Where orders are issued in such a case without authority of 
law for building purposes, there can be no innocent holder of this paper. 
School Directors v. Fogleman, 76-189. 

12. It is unlawful for school directors to build a school house without a vote 
of the people of the district on the question, and if they do so their act "would 
be null and void, and their orders drawn on the township treasurer in pay- 
ment for building- the same would be void, even in the hands of assignees. 
Any tax levied for the payment of the same would also be void. Thatcher v. 
The People, 93-240. 

13. If an appropriation ordinance and the ordinance levying the tax for 
school purposes each provide for specific sums of money under two separate 
headings, one for new buildings and sites and the other for educational pur- 
poses, it is not necessary that the ordinances should separate into items the 
amounts required for new buildings and for sites, nor specify the items for 
educational purposes. Koelling v. The People, 196-353. 

14. By virtue of this statute any city or school district is authorized to 
establish and support free schools, and for such purpose may levy a tax for 
educational and building purposes, and the statute having provided for a tax 

—SSL 



114 

levy for such purposes, and the appropriation and tax levy ordinances each 
having substantially specified the purposes for v^hich the school tax in ques- 
tion w^as to be used, such ordinances are sufficiently definite in that particular. 
Otis V. The People, 196-542. 

15. A levy of tvs^o and one-half per centum for building purposes is valid 
if the amount v^hich such levy should raise does not exceed the amount to 
which the district may lawfully become indebted, even though the contract 
for the school building attempts to create an indebtedness beyond the con- 
stitutional limit. Wabash Railroad Covipany v. The People, 202-9. 

16. Where a contract for a school house is largely in excess of the five per 
centimi of the taxable value of the property in the district, and tha;t the pur- 
pose of a tax levy for building purposes is to pay the debt so incurred; an 
objection to such tax should be sustained on application for judgment of sale, 
vi^hether the levy of the tax was made before or after the contract was exe- 
cuted by the parties. Baltimore & Ohio Southwestern Railroad Company v. The 
People, 195-423. 

17. A board of directors or board of education, may levy but two kinds of 
taxes, one for educational purposes and one for building purposes. If a 
bonded indebtedness has been incurred for educational purposes, the tax to 
meet it must be be levied as an educational tax, and if such indebtedness 
has been incurred for building purposes, the tax levied to meet it must be 
levied for building purposes, and the tax levied for either purpose, whether 
or not it includes any sum to be applied upon bonded indebtedness, cannot 
exceed the rate fixed by the statute for such purpose. Chicago & Alton Rail- 
road Company v. The People, 205-625. 

18. Where, in mandamus proceedings to compel the extension of taxes, 
the levy for building purposes includes items for educational purposes, but 
furnished no means of showing what portion of the levy is legal, the relator 
can not compel the extension of any portion of such tax, and hence can not 
complain that, in order to award the writ, the court, in ascertaining the 
amount legally assessed for building purposes by inspecting the records of 
the board of education, excluding certain items which might propez'ly have 
been allowed for building purposes. Knopf v. The People, 185-20. 

19. The Constitution, in its application to the various departments of the 
government and to individual rights, must receive such a construction as to 
give it a practical operation. It miist be so applied as to promote and effect 
the objects of its adoption, and not to defeat the end for which it was estab- 
lished. Equality is provided for, both as to persons and property, in the levy 
and collection of all taxes by the Constitution, whether for state or for other 
purposes. To hold that the ommission to assess an individual, or to assess 
property liable to taxation under the revenue laws, w^ill render the whole 
tax levied under that assessment, to the extent of the revenue of which it 
forms a part, to be void, instead of accomplishing the object of the Constitu- 
tion would only render its provisions authorizing the collection of revenue 
inoperative. Merritt v. Farris, 22-303. 

20. The statute has conferred upon boards of directors the power to levy a 
tax up to the limit of two and one-half per centum upon the taxable property 
of the district for school purposes, and so long as such boards keep within 
that limit and no fraud in the tax levy is shown, the discretion vested in the 
board of directors cannot be controlled by the courts. Cleveland, Cincinnati, 
Chicago & St. Louis Railway Company v. The People, 208-9. 

21. The collection of a tax legally levied will not be prevented upon the 
ground that the f imd is to be diverted to a purpose other than that for which 
the tax was levied, since a court of equity may prevent a misappropriation of 
the fund after the tax is collected. Ibid. 

22. The board of directors of a school district cannot levy a tax for building 
purposes with a view^ to accumulate a fund to be used at some time in the 
future with which to build a school house, the erection of which they have 
in contemplation but which they have not decided to build at the time the 
tax levy is made, and which has existence only in the minds of the several 
members of the board of directors at the time of the tax levy. The section of 
the statute under which the levy for building purposes is made designates 



115 

the levy as an annual tax levy, and the section, as a vsrhole, clearly indicates 
that the levy made by virtue thereof is intended to provide for the wants of 
the school district for the ensuing- school year only, and not for its further 
future needs. The ta.x-payer has the right to he informed, when he is called 
upon to pay a tax, ^vhat the tax is levied for and how the money paid by him 
is to be expended by the board of directors. Ibid. 

23. School directors may levy an annual tax for building- purposes, within 
the statutory limit, not only to pay the interest upon outstanding bonds, the 
proceeds of which have been used to build a school house, but also to create 
.a sinking fund which shall be sufficient to pay the principal of the bonds 
when due. People v. Peoria & Eastern Illinois Railway Company, 216-221. 

24. A tax levy for building purposes, to make up the difference between 
the cost of the school house and the amount realized from the sale of bonds, 
is valid, vv^here the vote by which the ereccion of the building w^as authorized 
did not limit the cost of the building to the amount of bonds voted nor 
specify the purpose for v/hich the bonds were to be issued. Ibid. 

2,5. What proportion of a sinking fund to pay bonds issued for building 
purposes shall be accumulated each year is a matter of discretion with the 
school directors, which Tvill not be interfered with by the courts where the 
amount levied for building purposes does not exceed the statutory limit. 
Ibid. 

§ 2. The directors of each district shall ascertain, as near as prac- 
ticable, annually, how much money must be raised by special tax for 
school purposes during the ensuing year, which amount shall be cer- 
tified and returned to the township treasurer on or before the first 
Tuesday in August, annually. The certificate of the directors may 
be in the following form, viz: 

We hereby certify that we require the sum of dollars, to be 

levied as a special tax for school purposes, and dollars for build- 
ing purposes, on the taxable property of our district, for the year A. D. , 

Given under our hands this day of A. D. , 

A. B. , ~] Directors district No township 



C. D. , J^ No , range No , county 



E. F., J of , , State of Illinois. 

1. A certificate of levy made by a board of directors or board of education 
has no legal force or effect until filed with the county clerk. Weber v. Ohio & 
Mississippi Railway Company, 108-451. 

2. The General Assembly, in accordance with a well settled canon of con- 
struction of legislative powers, may act at its discretion, and prescribe such 
mode for the formation of districts and designate such persons for the levy- 
ing, collecting and having the custody of school taxes as it alone shall con- 
sider most conductive to the public interests. Speight v. The People, 87-595. 

3. There is no limitation in the Constitution as to the agencies the State 
shall adopt in providing a system of free schools. The General Assembly 
has full power to select or prescribe the agencies by which school taxes shall 
be levied, collected, held and disbursed for school purposes, and all laws, 
whether in city charters or elsewhere, designed to affect free schools, may be 
regarded as school laws — as part of the law intended to provide a system of 
free schools. Fuller v. Heath, 89-296. 

4. A valid certificate of school tax levy by the school directors, or by the 
board of education in districts where such board has succeeded the directors, 
is essential to the validity of the tax. Chicago & Alton Railroad Company v 
The People, 171-544. * 

5. The tax certificate v?hich the school directors are empowered to make is 
the basis of all school taxes. Such certificates are jurisdictional, and any taSx 
extended for school purposes where no such certificate has been returned by 
the directors as required by statute, is without authority of law, and is there- 
fore null and void. Weber v. Ohio & Mississippi Railway Company, 108-451. 



116 

6. The certificate which school directors are empowered to make, under the 
school law, of the amounts to be levied for school and building' purposes, is 
jurisdictional, and a tax extended by the county clerk without such certificate 
is void. Chicago & Alton Railroad Company v. The People, 163-616. 

7. The certificate of levy which the board of education is empowered to 
make by the school law^, is the only basis for the imposition of special taxes. 
for school purposes. In a sense such certificates are jurisdictional, and any 
tax extended for school purposes where no such certificate has been returned 
as required by the statute, is without authority of law and null and void. 
People V. Smith, 149-549. 

8. It is manifest, from the provisions of the statute, that the certificate 
required is the official authority to the county clerk to compute and extend 
the tax, and that without it any extension of a tax for that purpose upon the 
property of the district w^ould be unauthorized by law. Ibid. 

9. The board of education in school districts organized under this act is, in 
respect of the le\y of special taxes for school purposes, vested with the same 
power, and no greater, than school directors are vested with, and must pro- 
ceed in the manner therein directed. Making the certificate is an official act, 
which they must exercise as they are required to exercise other duties im- 
posed upon them by law. Ibid. 

10. The Supreme Court has frequently held that irregularities, informali- 
ties, omissions and defective acts of officers in the assessment, levy or collec- 
tion of taxes, not affecting the substantial justice of the tax itself, will not 
vitiate the levy, and that the court, in its discretion, may correct the pro- 
ceedings, supply the defects therein and make them conform to law, or per- 
mit the same to be done, in the presence of the court, by the officer through 
whose neglect or default the same was occasioned. Ibid. 

11. Boards of education can act only when convened in session as a board, 
and less than a majority of the board are incapable of transacting the corpo- 
rate business. Where three members of a board of education met and signed 
a certificate of tax levy as school directors, it must be held that the act of 
the three persons styling themselves school directors was absolutely void, and 
conferred no power on the county clerk to extend the tax. Ibid. 

13. Where a school district is governed by a board of education instead of a 
board of directors, and the proper officers levied the school taxes in that 
district, the mere fact that in signing the certificate required they attached 
the word directors to their names will not invalidate the school tax levied for 
their district. Cairo, Viricennes & Chicago Railway Company v. Mathews, 
152-153. 

13. A levy for building purposes, within the statutory limit, to make up the 
difference between the cost of a school building and the amount realized from' 
the sale of bonds, is valid, where the election at which the erection of the 
Tauilding was authorized did not limit the cost to the amount of the bonds 
voted nor specify the purpose for which the bonds were to be issued. People 
V. Chicago & Northwestern Railivay Company, 186-139. 

14. A certificate by school directors, that a certain amotint is required for 
school purposes, and a certain amount for heating and repairing" purposes, is 
insufficient to authorize a tax levy for buiMing purposes under the school law. 
Chicago & Alton Railroad Company v. The People, 163-616. 

15. It was evidently the intention of the Legislature, that the purposes for 
which the money is required, should be separately specified as school purposes 
and as building purposes, so that the county clerk can compute and extend 
the taxes for each of such purposes within the limits authorized by the law, 
abating any excess beyond such limits before extending the tax. Ibid. 

16. The meaning of the provision, that the certificate may be in the speci- 
fied form is, that it shall be in such form. Where a statute directs the doing 
of a thing for the sake of justice or the public good, the word, may, is the 
same as the word, shall, and imports a duty equally as imperative. Ibid. 

17. The fact that a certificate of school tax levy was not prepared and 
signed .by the president and clerk of the board of education until the day 
after the meeting of the board does not prevent its being amended by chang- 



117 

ing the date and allowing- the members of the board to sign their names, 
where the resolution adopted at the meeting fixed the amount of the tax, and 
directed it should be certified and returned to the township treasurer, as 
required by law. Indiana, Decatur & Western Railway Company v. The People, 
201-351. 

18. Power to make certificate of levy for school taxes can be exercised 
only at a meeting of a board of school directors or board of education, and 
acts of the members outside of such meeting have no force. Chicago & 
Northwestern Railway Company v. The People, 184-240. 

19. The certificate being the basis for the imposition of taxes, the power 
to make it can only be exercised at a meeting of the board. The court may 
permit an ineffectual attempt to make such certificate at a meeting of the 
board to be amended, but the court is povrerless to permit an amendment of 
a certificate void ab initio because not made at a meeting of the board. Ibid. 

20. A certificate of school tax levy made by one director after a meeting 
of the board at which a tax was voted but no certificate was made or auth- 
orized is void, though the other directors gave him permission to sign their 
names; so, also, is a certificate made by the clerk after the meeting at which 
the tax was talked over but not voted for, nor any certificate authorized, and 
signed by him in his own name and that of one of the directors. Ibid. 

21. The making of a certificate of tax levy by school directors and the filing 
of the same with the township treasurer constitute the levy for school taxes, 
and the failure of the clerk to keep a record of such official acts does not in- 
validate the tax. Ibid. 

22. A certificate of school tax levy, made after the board meeting at v^^hich 
the amount of tax was agreed upon but no motion was made nor vote taken, 
wrhich certificate was signed by the directors at their residences at different 
times, is void. Ibid. 

23. In making a levy of school taxes a strict compliance with the statute 
requires the directors to certify the amount required for each of the two 
purposes, in dollars and cents, so that neither amount exceeds the per centum 
fixed by section 1, and that the county clerk should simply add these amounts, 
and make his computation according to the aggregate amount so certified. 
Chicago & Alton Railroad Company v. The People, 155-276. 

24. In making their certificate the directors should take into consideration 
the needs of their district alone, and if their estimate should happen to exceed 
the limited per centum, the result w^ould be that no more than the lawful 
per centum could be levied and extended on the tax books, and the excess 
w^ould have to be abated. It miist, therefore, be accepted as the settled con- 
struction of the statute, that while the directors' certificate is the basis of 
the levy of a school tax, and essential to the validity of the same, the amount 
fixed by them, if it exceeds the statutory limit, does not necessarily control 
the county clerk in extending the tax. Ibid. 

25. A certificate of school directors to the township treasurer for the pur- 
pose of the extension of a school tax, that $2.00 on each $100.00 for teaching, 
and $1.50 on each $100.00 for building and repairs, on the taxable property of 
the district, is required for the year, though improper, as not giving the 
amount of revenue required, states, in effect, how much money must be raised, 
and will not invalidate the tax to the amount of the per centum allowed by 
law. Ibid. 

26. The statute requires the directors to certify the amount of money that 
is to be raised for their purposes, and leaves with the county clerk the 
■clerical duty of ascertaining the rate at which the tax shall be extended. 
Where a certificate recites that the directors require the amount of two and 
one-half per centum to be levied for school purposes and one and one-fourth 
per centum for building purposes, while not in strict compliance with the 
statute, such informality will not invalidate the tax. Chicago & Alton Rail- 
road Company v. The People, 205-625. 

27. The authority of boards of education to levy a tax for educational pur- 
poses is limited by the statute to two and one-half per centum on the valua- 
tion ascertained by the last assessment for State and county taxes. They are 



118 

also authorized to levy a tax for building- purposes, and in such case the limit 
is two and one-half per centum; but if they make levies for both objects they 
are required to make a certificate in the form provided by statute, stating 
therein separately the sum required to be levied for school purposes. This 
certificate is the basis of all school taxes. It constitutes the levy and the 
evidence of it, and any tax not based upon a lawful certificate is null and 
void. St. Louis, Rock Island & Chicago Railroad Co. v. The People, 177-78. 

28. The form of the certificate is mandatory, and if it is for school pxir- 
poses and fails to state that a tax is required to be levied for building pur- 
poses a levy beyond two and one-half per centum will be void. The purpose 
of the statute is that the amounts required shall be separately specified, so 
that the county clerk can extend the tax within the liniits provided by law, 
abating any excesss beyond the limitations fixed by the statute. Ibid. 

29. The certificate delivered to the treasurer and filed with the county 
clerk itself constitutes the levy and is the evidence of the exercise of the 
taxing power by the board. The validity of any tax does not rest upon the 
record of the board and is not afPected by the v^^ant of such record. The only 
act necessary for the levy of the tax is the making and filing of the certifi- 
cate. The fact that after the certificate was made the record was so changed 
that it v^^ould have authorized the president and secretary of the board to 
have made a different certificate and levy, could not operate to change the 
one already made. The change of the record to correspond ivith the fact, 
and to correct an error made by the secretary of the board of ediication in 
writing it, was proper as a basis for an amendment of the certificate and a 
nevr levy. The only guide to the county clei-k is the certificate, and his act 
in extending a tax under it in excess of the amount authorized by law^ is 
unlawful. Ibid. 

30. A certificate of school tax levy signed by two persons as directors of 
the district may be amended, on application for judgment of sale for the de- 
linquent tax, by changing the word directors to board of education, and by 
designating the parties signing, as president and secretary respectively. 
Chicago & Alton Railroad Company v. The People, 171-544. 

31. Amending a certificate of school tax levy signed by two persons as 
directors, to read as signed by them as president and secretary of the board 
of education, does not operate to vitalize the tax, where there is nothing in 
the certificate or in the evidence to show that it was the certificate of the 
board of education, which consisted of six members and a president, or 
was authorized by it. Ibid. 

32. A tax for school purposes is not invalidated by failure of the raembers 
of the board of education present at the meeting at which it was voted, to 
sign the certificate, where they are present at the hearing of the county 
court, and state that they would have signed it had they known that it was 
necessary, and the court thereupon permits the certificate to be amended and 
signed. Spring Valley Coal Company v. The People, 157-.543. 

33. A certificate of levy for school taxes, signed by the president and sec- 
retary of the board of education, may be amended in open court, on applica- 
tion for judgment of sale, by permitting the other members of the board to 
sign the same, where it is shown they were present in their official capacity, 
at the regular meeting of the board when the certificate was made out, that 
they assented to the making thereof, and were willing to sign the certificate 
but did not do so because they thought it unnecessary. Chicago & North- 
western Railway Company v. The People, 183-247. 

34. The amendment of a certificate of levy for school purposes on applica- 
tion for judgment of sale, relates back to the time of signing the certificate 
and validates the levy, where the defect amended was occasioned by the 
omission of members of the board of education to perform their official duty 
by signing the certificate, although present when it was authorized and made 
out. Ibid. 

3.5. A certificate of levy for school purposes made by the president pro tern 
of the board of education the next day after a meeting of the board at which 
the levy was voted but no certificate of levy was made or authorized, cannot 
be amended upon application for judgment of sale, by permitting the other 



119 

members of the board to sign it, even though they testify that they would 
have signed it had they supposed it necessary. People v. Chicago & North- 
western Railway Company, 183-311. 

36. A school tax levy certificate made by the secretary of the board of edu- 
cation and signed by the president and secretary of the board, although they 
are not so designated, may be amended, on application for judgment of sale, 
by allowing- the other members of the board to sign it, where they testified 
they were present and would have signed it when it was made had they 
known it to be necessary, and where the record of the meeting shows that 
the secretary was authorized to make and file the certificate. Illinois South- 
ern Railway Company v. The People, 215-133. 

37. A tax stated in the certificate to be for building purposes cannot be 
sustained where the evidence shows there was no vote authorizing the build- 
ing of a school house and no intention to build one, the purpose of the tax 
being for repairs, building of out-houses and laying sewer pipe, and where, 
also, there is no evidence that if the amount so levied were added to the 
amount levied for school purposes the limitation on tax for the latter would 
not be exceeded. Ibid. 

38. Equity will not restrain a tax levied by ofiicers, either dejure or de facto, 
w^here the power to levy a tax is an incident to their office, and mere irregu- 
larities and informalities in its levy or collection will not be inquired into by 
a court of equity, but the parties supposing themselves to be aggrieved will 
be left to seek their remedy at law. Merritt v. Farris, 22-303. 

39. The cases are rare, even where the tax had been levied by persons 
having no pretense of legal authority to make such a levy, or in cases where 
the tax was not authorized by law, or where the warrant for its collection 
was void, that courts have interposed to stay its collection. MunsonY. Minor, 
22-594; Metz v. Anderson, 23-463. 

40. No rule is more familiar than that courts of equity will not interpose 
to give relief, in cases where the party has a full and complete remedy at 
law, unless it be where the jurisdiction is concurrent. If courts of equity 
were to entertain jurisdiction, and enjoin the collection of taxes, in all cases 
in which mere informalities and irregularities have occured in their assess- 
ment and levy, it would lead to great delay in their collection, and tend 
seriously to embarass every department of government, and would render the 
operation of che school system very precarious. Ibid. 

41. It may be stated, as a general rule, that courts of equity will not in- 
terfere to restrain the collection of taxes imposed by the officers having in 
charge the execution of the school laws, but parties aggrieved will be remitted 
to the tribunals of the law authorized to enforce and collect the same, where 
generally an adequate remedy is to be found. This general rule has ad- 
mitted exceptions in cases where taxes are sought to be imposed without 
authority of law. In the absence of fraud on the part of the public authority 
in assessing the property or levying the tax, there must be a defect, under 
the law, to levy the particular tax, either because there is no authority for 
its levy or because the propertj'' is exempt; or where there is no power in 
bodies seeking to impose the tax to levy it; or where there has been a levy 
in excess of the amount authorized by law; or where the persons or body 
levying the same had no jurisdiction over the subject matter sought to be 
taxed. Lawrence v. Trailer, 136-474. 

42. It is also the well established rule that when taxes levied for school 
purposes by a body authorized by law to impose them, do not exceed the 
amount or rate allowed by law^, the fact that it may be proposed to divert 
them to another purpose, even though such purpose be illegal, will not auth- 
orize a court of equity to restrain their collection. After the collection of 
the tax, equity will interpose to prevent its misappropriation. Ibid. 

43. A tax levy is not invalid because the certificate of levy is made and 
signed at a meeting of the boa,rd of directors assembled without a formal call, 
where the three members of the board are present and consent to act. The 
statute provides that the board of directors shall hold regular meetings at 
such times as they may designate, and special meetings on the call of the 



120 

president or any two members of the board. It further provides that no 
official business shall be transacted except at a regular or special meeting. 
The purpose of the provision in respect to calling special meetings was, to 
give power to some designated person or persons to call the same, and thereby 
constitute it a legal meeting, at which a quorum might transact the corporate 
business. It was not intended to be exclusive, or to vest authority in the 
laoard it would not have, if otherwise assembled. Ibid. 

44. It must be apparent that if the three directors met and determined the 
amount of school tax required, and made the statutory certificate, and deliv- 
ered the same to the township treasurer, they were exercising an official 
function, and their joint concurrence and act was the exercise of their corpo- 
rate power to levy the tax. And although it is alleged that the levy was 
made by two of the directors, it will be presumed, if necessary to uphold the 
action of the board, in the absence of averments to the contrary, that the 
other member of the board was present and concurring. Ibid. 

45. The directors are required to ascertain, as nearly as practicable, an- 
nually, how much money must be raised by special tax for school purposes 
during the ensuing year, which they are required to certify to the township 
treasurer on or before the first Tuesday in August, annually. It seems clear 
that when the certificate is signed by the directors and filed with the treas- 
urer, it is made the basis for the extension of the tax, and is in itself, in fact, 
the levy thereof. When it is transmitted to the clerk, he acts, in the exten- 
sion of the tax and issuing his warrant for its collection, alone on such cer- 
tificate. Nothing more is necessary, under the statute, to constitute it, as 
extended, a valid tax. The making of the certificate, and filing it as required 
by law by the board of directors, is of itself a determination of the amount 
necessary to be raised for the purposes therein indicated. Ibid. 

46. The determination of the amount to be raised, and the making and the 
filing of the certificate of levy, are official acts, which alone can be performed 
by the board of directors acting in their corporate capacity, and the clerk of 
the board is required to keep a record thereof. Will his failure to do so ren- 
der the tax void? The officers charged w^ith carrying the levy forward act 
alone upon the certificate. They do not act upon the record of the board of 
directors, as made by the district clerk. The machinery of the law, which is 
to result in realizing the money required to carry on this governmental pur- 
pose, is put in motion and vitalized by the certificate thus filed and trans- 
mitted to the clerk. Ibid. 

47. Ordinarily, quasi muaicipal corporations speak only by their record; 
but it is entirely competent for the Legislature to prescribe what is necessary 
to be done by the municipal officers to consitute valid municipal acts, and 
what shall be the evidence of the same, and the Legislature having prescribed 
what shall constitute a valid levy of the tax, and what shall be done to per- 
fect the same and realize the money levied, it must be held that the require- 
ment that the clerk shall keep a record of the official acts of the board of 
directors in respect of the levy of such tax, is directory, only. The matter 
of their keeping a record does not go to the question of the power of the 
board to levy the tax. The validity of the tax not resting upon the record 
made by the clerk of the board of directors, a failure to make a record there- 
of will not render the tax levied in accordance with the law invalid. Ibid. 

§ 3. It shall be the duty of the township treasurer to return the 
certificate mentioned in the foregoing section to the county clerk, on 
or before the second Monday of August, and whenever the bounda- 
ries of the districts of the townships shall have been changed, the 
township treasurer shall return to the county clerk, with the certifi- 
cates, a map of the township, showing such changes, and certified as 
required by the provisions of this act. 

§ 4. When a district lies partly in two or more counties, the di- 
rectors thereof shall ascertain as near as practicable the amount to 
be raised by special tax for school purposes, and shall prepare one 



121 

certificate thereof for each county in which such district may lie, and 
deliver all of the said certificates to the township treasurer, who re- 
ceives the tax money of such district, who shall return one each of 
such certificates to the county clerk of such county within which such 
district shall lie. On the first Monday of October, or as soon there- 
after as may be practicable, annually, the county clerk of each of 
such counties shall ascertain the total equalized valuation of all the 
taxable property in that part of such district as shall lie in his county, 
and certify the amount thereof to the county clerk of each of the 
other counties in which such district may lie; and from the aggre- 
gate of such equalized valuation and from the certificate of the 
amount so required to be levied, such clerk shall ascertain the rate 
per cent required to produce in such district the amount of such levy, 
and at that rate shall extend the special tax to be levied for school 
purposes in that part of such district lying in their respective coun- 
ties. (As amended by an act approved June 17, 1891.) 

§ 5. According to the amount certified, as aforesaid, the county 
clerk, when making out the tax books for the collector, shall compute 
each taxable person's tax, in said district, upon the total amount of 
taxable property, as equalized by the State Board of Equalization for 
that year, lying and being in said district, whether belonging to resi- 
dents or non-residents, and also each and every tract of land assessed 
by the assessor, which lies or the largest part of which lies in said 
district. The said county clerk shall cause each person's tax so com- 
puted, to be set upon the tax book to be delivered to the collector for 
that year, in a separate column, against each taxpayer's name or par- 
cel of taxable i^roperty, as it appears in said collectors books, to be 
collected in the same manner and at the same time and by the same 
person as State and county taxes are collected. 

§ 6. It shall be the duty of assessors, when making assessments 
of personal property, to designate the number of the school district 
in which such person so assessed resides; which designation shall be 
made by writing the number of such district opposite each person's 
assessment of personal property, in a column provided for that pur- 
pose, in the assessment roll returned by the assessor to the county 
clerk. 

1. With certain qualifications, personal property follows the residence of 
the owner, and is there taxable. This is so where the personal property is 
not permanently located in another place. If it be, then it may be taxed 
where it is thus permanently located. Mills v. Thornton, 26-300. 

2. A party who complains of a school tax as levied in a certain district, 
must show that the property was not taxable in such district. Ibid. 

3. Personal property usually follows the residence of the owner, and is 
there taxable. There are, however, exceptions to the g-eneral rule. It is not 
strictly true as to personal pi-operty owned by incorporated companies and 
mercantile firms by a common title, and not by distinct and separate in- 
terests. It is entirely competent for the Leg-islature to fix the situs of per- 
sonal property, belong-ing- to incorporated and mercantile firms, for the 
purpose of taxation. Munson v. Crawford, 65-185. 

§ 7. It shall be the duty of the county clerk to copy said numbers 
of school districts, so returned by the assessor, in the collector's book 
and to extend the school tax on each person's assessment of personal 



122 

property, according to the rate required by the amount designated by 
the directors of the school district in vvhich such person resides. The 
computations of each person's tax and the levy made by the clerk, as 
aforesaid, shall be final and conclusive: Provided, the rate shall be 
uniform and shall not exceed that required by the amount certified 
by the board of directors. 

1. Where the amount of school taxes, as extended by the county clerk, is 
in excess of the amount exhibited in the certificate of levy, an objector must 
show that some portion of this excess, if it in fact exists, was charged against 
his property. Thatcher v. The Peox)le, 79-597. 

2. Even if a slight excess was equally distributed on each tract, that could 
not be held to substantially affect the justice of such taxes. It would be un- 
heard of to hold a trifle to be substantially unjust and requiring the defeat of 
the collection of the revenue of the schools. Ibid. 

§ 8. The county clerk before delivering the tax book to the col- 
lector, shall make out and send by mail, to each township treasurer 
in the county, a certificate of the amount due each district or fraction 
of a district in his township, of said taxes so levied and placed upon 
the tax books. 

§ 9. On or before the first day of April next, after the delivery of 
the tax books containing the computation and levy of the said taxes, 
or so soon thereafter as the township treasurer shall present the said 
certificate of the amount of the said tax, and make a demand therefor, 
the said collector shall pay to said township treasurer the full amount 
of said tax so certified by the county clerk, or in case any part thereof 
remains uncollected, said collector shall, in addition to the amount 
collected, deliver to said township treasurer a statement of the uncol- 
lected taxes for each district of said township, taking of the township 
treasurer his receipt therefor, which receipt shall be evidence as well 
in favor of the collector as against the township treasurer. The said 
treasurer shall enter the amount collected in his books under the 
proper heads and pay the same out as provided for hj this act. 

1. The statute very plainly prescribes the duty of the collector. The path 
marked out must be pursued by him. Failing in this, there is necessarily a 
breach of his bond, and his sureties must respond. A strict compliance with 
the la,w must be required of all officials. Sureties must understand this, and 
if their principals are derelict they may be made to suffer. People v. Yeasel, 
84-.539. 

2. School directors are required to ascertain as nearly as practicable, how 
much money must be raised by special tax for school purposes during the 
ensuing year, which amount shall be certified and returned to the township 
treasurer. But since the collector is allowed a commission of 2 per centum, 
it follows that the directors should add this sum to the amount they desire 
to produce to the treasury of the district, the whole constituting the true 
amount that must be raised for school purposes. People v. Wiltshire, 92-260. 

§ 10. When a district is composed of parts of two or more town- 
ships, the directors shall determine and inform the collectors of said 
township, and the collector or collectors of the county or counties in 
which said townships lie, in writing, under their hands as directors, 
which of the treasurers of the townships, from which their district is 
formed, shall demand and receive the tax money collected by the said 
collectors as aforesaid. 



123 

§ 11. If any collector shall fail to pay the amount of said tax, or 
any part thereof as required by the provisions of section nine (9) of 
this article, of this act, it shall be competent of the township treas- 
urer, or other authorized person, to proceed against said collector and 
his securities in an action of debt upon his official bond in any court 
of competent jurisdiction. And the said collector so in default shall 
payl2j9e?' centum on the amount due, to be assessed as damages, 
which shall be included in the judgment rendered against him: 
Provided^ no collector shall be liable for such part of said tax as he 
shall be able to make appear that he could not have collected by law, 
until he has collected or may be able to so collect such amount. 

1. It is the duty of the collector to pay over the district school taxes col- 
lected to the township treasurer. The statute provides that, on failure of the 
collector to pay such taxes to the treasurer on demand, it shall be competent 
for the treasurer or any authorized person to proceed against the collector 
and his sureties. Yet, it does not follow that the suit on the collector's bond 
must be broug-ht for the use of the township treasurer. The statiite is silent 
as to the person for whose use the action is to be brought in such case. 
Tappan v. The People, 62-339. 

2. The recovery would be in trust for the several school districts w^herein 
the taxes were levied. The avails of a recovery for the use of the trustees of 
schools would be paid into the hands of the township treasurer, to be by him 
held for the school districts, and to be paid out on the order of their boards 
of school directors. Ibid. 

3. The presentation of the certificate is not material in order to the paying 
over of the taxes by the collector. Neither is it an essential prerequisite to 
a right of action on the bond for taxes collected. The only purpose of pre- 
senting the certificate would seem to be, to acquaint the collector with the 
amount of district school taxes due the school district in the townships. After 
the time limited by the statute for their payment by him, the collccter should 
pay over these taxes which he has collected to the township treasurer on 
demand. Ibid. 

4. In order to recover the 12 per centum on the amount due, the certificate 
should be presented. This percentage is in the nature of a penalty, and the 
statute, in respect to that, is to receive a strict construction. There is no 
dutj?^ on the part of the collector to pay this penalty, except as it has accrued 
by the very terms of the statute. Without an averment of the presentation 
of this certificate, a declaration is defective in making out a title to this 
penalty, and for the want of such averment, a demurrer to the assignment of 
breach for the non-payment of 12 per centum of the amount of the taxes due, 
should be sustained. Ibid. 

5. Although the language of the section is that the collector, so in default, 
shall pay 12 per centum of the amount due, to be assessed as damages, which 
shall be included in the judgment rendered against him, it was not intended 
that, in a joint action against the collector and his sureties, there should be a 
joint judgment against them all for the taxes collected, and a separate judg- 
ment against the collector alone for this percentage. That would be in 
violation of the rule that, in a joint action on a contract, there can be but 
one judgment, and that against all the defendants. Ibid. 

6. As to the judgment for an aggregate sum, without specifying the 
amounts due the respective districts, that would seera to be a matter in w^hich 
only the township treasurer and the school districts are interested. Had the 
taxes been paid over to the township treasurer on demand, they could have 
been received as an aggregate sum. Ibid. 

7. The law provides a specific and particular way by which a director may 
obtain money by special taxation for the purpose of maintaining schools, and 
when directors seek to recover money due them in their official character, 



124 

they should be required to show that it is money which they have a rig-ht to 
claim by virtue of a substantial compliance on their part with the law. 
School Directors v. School Trustees, 61A-89. 

8. The collector, if he has not paid the money to the parties entitled, is 
still responsible to them. His action in paying to a w^rong treasurer amounts 
to no payment so far as the proper claimant is concerned. He is responsible 
still to the proper claimant, and to him only should that claimant look. 
There is no privity between the district directors and the township trustees. 
Ibid. 

§ 12. It is hereby made the duty of the proper officers in preparing 
blank books and notices for the use of assessors to provide columns 
and blanks for the use of assessors, so that they may designate the 
number of the school district, as provided for in section six (6) of this 
act. 

§ 13. A failure by the directors to file their certificates, or of the 
township treasurer to return the same to the county clerk in the time 
required by this act, shall not vitiate the assessment, but the same 
shall be as legal and valid as if completed in the time required by 
law. 

1. A failure of the school directors to make return of the amount to be 
levied within the time reqitired, does not invalidate the tax; a failure to com- 
ply with the statute in this regard is a mere irregularity. Buck v. The Peo- 
ple, 78-560; Moore v. Fessenbeck, 88-422. 

8. The statute provides that no error or informality in the proceedings of 
any of the officers connected with the assessment, levying or collecting of 
the taxes, not affecting the substantial justice of the tax itself, shall vitiate 
or in any manner affect the tax or the assessment thereof. This statute has 
been liberally construed and repeatedly enforced by the decisions of the Su- 
preme Court in upholding irregular assessments and levies of taxes. Chicago 
<ic Alton Railroad Company v. The People, 155-276. 



Aeticle IX. 

BONDS. 



Section 1. For the purpose of building school houses or pur- 
chasing school sites, or for repairing and improving the same, the 
directors of any school district, when authorized by a majority of all 
the votes cast at an election called for that purpose, may borrow 
money, issuing bonds signed by not less than two members of said 
board of directors, in sums of not less than $100.00, and bearing inter- 
est at a rate not exceeding 7 per centum, per annum : Provided, that 
the sum borrowed in any one year shall not exceed 5 per cent (in- 
cluding existing indebtedness) of the taxable property of the district, 
to be ascertained by the last assessment for State and county taxes 
previous to the incurring of such indebtedness. (As amended by an 
act approved April 24, 1899.) 

1. The power given by the general school law to borrow money for the 
purpose of building school houses or purchasing school sites, embraces, no 
doubt, the power to purchase a school site having already a school house 
thereon. People v. Sisson, 98-335. 

2. The power to borrow money for the purpose of building school houses 
or purchasing school sites, admits the giving of these bonds in exchange for 
the school property. The end accomplished is the same, whether the bonds 
be first sold and their proceeds be paid for the property, or the bonds them- 
selves be given directly for it. Ibid. 



125 

3. Under this statute the school directors, in the absence of a vote of the 
people authorizing it, have no authority whatever to borrow money or issue 
bonds. The power to do this is granted only when the popular vote author- 
izes it. If a bond is issued without such a vote, it is a case, not of the de- 
fective execution of a power, but an entire absence of it. Board of Education 
V. Taft, 7A-571. 

4. The recitals of the officers who are invested with the ministerial duty of 
issuing municipal bonds as to the legality of the election, authorizing their 
issue, and the existence of the facts necessary to their validity, will not ren- 
der such bonds, w^hen issued without authority of law, valid in the hands of 
even a bojia fide holder, so as to estop the municipality from calling in ques- 
tion the authority of the officers to issue them. Ibid. 

5- When the bonds of a school district, negotiated in the market to raise 
money to build a school house, recite that they have been issued in pursuance 
of a vote of the district legally had, and they are in the hands of innocent 
holders, it must be presumed that they are legal, and that their issue was 
authorized by a legal vote, until the contrary is shown by clear and satis- 
factory evidence. Accordingly, in a suit to enjoin the collection of a tax to 
pay such bonds, in the hands of innocent purchasers, the bnrden of proof is 
on the district to overcome the presumption of the legality of the bonds. 
IMd; Bolton v. Board of Education, lA-193, overruled. 

6. Where a note is executed by school directors in their individual names 
for school purposes, a remedy exists at law against them as individuals. As 
against the district, the complainant is w^ithout remedy. School Directors v. 
Miller, 54-338. 

7. Where promissory notes are issued by school directors for the purchase 
of a site, without a vote authorizing the same, as against the district, the 
holder of such notes is without remedy. But the notes being signed in the 
individtial names of the directors, a remedy exists at law against them as in- 
dividuals, and a complainant should resort to that mode for redress. It may 
be the school district would be liable over to the persons who signed the 
notes, on their showing that the avails vs^ere appropriated to the legitimate 
school purposes of the district. Ibid. 

8. In an action against school directors in their corporate capacity, brought on 
a promissory note or a bond executed by them, the declaration should show 
an indebtedness contr?„cted in the manner and for the purpose authorized by 
the statute, and on trial proof should be made of these facts. The note or 
bond would be admissible in evidence as tending to show the amount of money 
loaned, but either does not, of itself, prove a liability. School Directors v. 
Sippy, 54-387; School Directors v. Taylor, 54-389. 

9. The assessment to be resorted to in ascertaining the extent to which a 
school district may lawfully become indebted is the last preceding assess- 
ment which has been completed by the final action of the State Board of 
Equalization. Wabash Railroad Company v. The People, 303-9. 

10. An indebtedness created by a contract for a school house is valid to the 
amount within the constitutional limit, even though the directors have at- 
tempted by the contract to create an indebtedness greater than the district 
could lawfully incur. Ibid. 

11. School directors having money in the treasury of their district which 
may be lawfully applied to the matter of building a school house, may devote 
such money to that purpose, and the district may, in addition thereto, become 
lawfully bound to pay an additional sum if the indebtedness of the district is 
not, by the agreement to pay such additional sum, increased to an amount 
exceeding 5 per centum of the valuation of the taxable property of the district. 
Ibid. 

13. School directors, when authorized by a vote of the people of the dis- 
trict, have power to borrow money for certain enumerated purposes, and to 
issue bonds to secure the same; but the sum borrowed in anyone year shall not 
exceed 5 per centum of the taxable property of the district, including existing 
indebtedness, to be ascertained by the last assessment previous to incurring 



126 

such indebtedness. This is all the authority given directors in the matter of 
borrowing money, and it -would appear to be a limitation upon their action 
in issuing bonds to sums of money actually received. No authority is given 
to issue bonds and place them on the market to be sold for v^hat they may 
bring, or for anything less than their par value. Adams v. State of Illinois, 
82-132. 

13. Power to borrow money carries with it, at common law, the power to 
give evidence of the loan. But raere power to borrow money does not carry 
wish it as an incident the power to execute a bond, or an instrument under 
seal. These words, therefor, authorizing the school directors to execute 
bonds for borrowed inoney, instead of being used as a limitation of the power 
and a declaration that they w^ere incapable of borrovfing m.oney unless a bond 
be given, w^hen properly construed are an enlargement of the power, author- 
izing the directors, not onlj^ to give those assurances which are necessarily 
incident to the power of borrowing money, but to go further and execute a 
higher grade of securities, to execute bonds under seal by which the directors 
might be bound. Folsoin v. School Directors, 91-403. 

§ 2. All bonds authorized to be issued by virtue of the foregoing 
section before being so issued, negotiated and sold, shall be regis- 
tered, numbered and countersigned by the school treasurer of the 
township wherein the school house of such district is, or is to be 
located. Such registration shall be made in a " bond register " book to 
be kept for that ]3urpose; and in this register shall first be entered 
the record of the election authorizing the directors to borrow money, 
and then a description of the bonds issued by virtue of such authority 
as to number, date, to whom issued, amount, rate of interest and 
when due. 

§ 3. All moneys borrowed under the authority granted by this 
article of this act, shall be paid into the school treasury of the town- 
ship wherein the bonds issued therefor are required to be registered; 
and, upon receiving such moneys, the treasurer shall deliver the 
bond or bonds issued therefor to the parties entitled to receive the 
same; and shall credit the funds received to the district issuing the 
bonds. The treasurer of said township shall enter in the said " bond 
register " the exact amount received for each and every bond issued. 
And when any such bonds are paid, the said township treasurer shall 
cancel the same and shall enter in the said " bond register," against 

the record of such bonds, the words " paid and cancelled the 

day of , A. D " filling the blanks with the 

day, month and year corresponding with the date of such payment. 

1. The duties of school directors are derived exclusively from the statute, 
are specifically defined, and if they exercise powers and functions not con- 
ferred upon them, the statute has made them responsible for all losses that 
may ensue. They may borrow money for enumerated purposes, on terms 
prescribed, and vsrhen obtained, it is their duty to pay it over to the treasurer, 
who is the only proper custodian. Should they place it in the hands of any 
else, it is at their own risk. Adams v. State of Illinois, 82-132. 

2. A bond issued for an unauthorized purpose is void. A person taking 
bonds of a school district has access to the records of the board governing the 
same, and it is his duty to see that such instruments are issued in pursuance 
of authority, and when issued without pow^er, they must be held void in 
whosesoever hands they may be found. Heioett v. Normal School District, 
94-528. 



127 

■ 3. Bonds made payable to one of the members of the board having charg-e 
and management of a school district are void. Such members are virtually 
trustees of the fund, and as such, are incapable of dealing with the fund as 
purchasers or donees. Ibid. 

4. Where bonds are issued by a board of education, and a portion of them 
sold to members of the board, such portion is void, and a tax cannot be 
legally levied to pay interest thereon; neither can any interest be due on such 
bonds" in the hands of such holders. A member of a board of education has 
no power to purchase such bonds for himself or for the board of which he is a 
member, and a tax levied to meet the interest thereon may be enjoined. Ibid. 

5. Bonds given by the board of education of a school district to obtain 
money which was not borrowed or used for any purpose for which the board 
was authorized, by its charter, to borrow money or issue bonds, are void. 
Board of Education v. Blodgett, 155-441. 

6. The fact that bonds ai*e made payable at a bank in Chicago, does not 
invalidate them. The agreement to pay at that place is void, but the balance 
of the coupons and bonds are not rendered invalid for that reason. In paying 
interest the treasurer should not obey that agreement in the bond, but pay it 
at the treasury. Sherlock, v. Village of Winetka, 68-530. 

7. Where bonds are issued, negotiated in the market and recite among 
other things, that they were issued in pursuance of, and under the sanction 
of a vote at an election legally held, and the bonds coming into the hands of 
innocent holders, the presumption must be indulged that they are legal, until 
that presumption is overcome by clear and satisfactory evidence. In such a 
case the burthen of proof is on the school district to overcome that presump- 
tion. Lemont v. Singc7- & Talcot Stone Company, 98-94. 

8. That authority was voted to issue bonds may be shown by oral testi- 
mony. It would be wholly unreasonable and unjust to permit the people of a 
school district to vote to borrow money, issue bonds and obtain the money 
used in the erection of a school building, which is used and enjoyed by the 
people of the district, and then permit them to escape its payment, simply by 
the destruction of the records kept by their ofScers, either by accident or 
design. Ibid. 

J .^§ 4. Whenever it is desired to hold an election for the purpose of 
borrowing money, as provided for in this article of this act, the di- 
rectors of the district in which such election is to be held shall give 
at least ten days' notice of the holding of such election, by posting 
notices in at least three of the most public places in such district. 
Such notices shall specify the place where such election is to be held, 
the time of opening and closing the polls, and the question or prop- 
osition to be voted upon, which notice may be substantially in the 
following form^ viz: 

NOTICE OF ELECTION. 

Public notice is hereby given that on day of 

A. D an election will be held at school district 

No , in township No , range No of the. . . .principal meridian 

in county, Illinois, for the purpose of voting "For" or 

"Against" the proposition to issue the bonds of said school district No 

to the amount of dollars due (here insert the times 

of payment, giving the amount falling due in each year, if the bonds mature 
at different days), w^hich bonds are to bear interest at the rate of . . . .per cent 

per annum, payable annually. 

The polls of said election will be opened at o'clock m., and will re- 
main open until o'clock m. 

Dated this day of A. D. . . . 

A B 

C D 

E F 

Directors. 



128 

1. Too great precision oug-ht not to be required in notices for elections of 
this character, where school officers are not supposed to be learned in the 
law nor versed in legal technicalities. If the notice is reasonably sufficient 
to inform the voter as to the purposes of the election and the matters to be 
voted on, the election should not be invalidated for want of absolute definite- 
ness. Shires v. Irwin, 87A-111. 

2. No more technical rules should be applied to such an election than an 
ordinary election. The geiieral rule must prevail that if the intention of the 
voter can be fairly ascertained from his ballot, though not in strict conform- 
ity to the law, effect will be given to that intention. Ibid. 

3. Where a levy is made for building purposes, a special election having 
been held purporting to authorize the issuing of bonds for such purposes, 
and the notice of such election did not contain any statement or information 
that the question of issuing bonds for building a school house, or for any 
purpose, would be voted on at such election, such levy based on such pre- 
tended election would be void, and all orders draw^n on the township treas- 
urer in payment for building the same would be void even in the hands of 
assignees. Tliatcher v. The People, 93-240. 

4. Where the notices of an election under which bonds were issued did 
not, as required by statute, specify the questions upon w^hich the voters of ' 
the district were required to vote, the election, and all proceedings under it, 
are void. A notice specifying a time and place of meeting, stating the ob- 
ject of it to be the establishment of a school in the district, and to provide 
means to pay for the same, but containing nothing relating to issuing bonds, 
is not in compliance with the statute. Thatcher v. The People, 98-632. 

5. Where one w^as present and participated in the proceedings of a meet- 
ing or election held pursuant to improper notices, and which authorized the 
raising of money for which bonds were issued, the money having been thus 
obtained, in part, through his own instrumentality, and the district to which 
he belonged having had the benefit of it, under these circumstances he is 
estopped from questioning the regularity or validity of what was done under 
the authority of those proceedings. Ihid. 

§ 5. At such election two of the directors of such district shall 
act as judges and. one of said directors shall act as clerk. In case 
either or any of said directors shall fail, from any cause, to be pres- 
ent or to act at such election, at the time of opening the polls thereof, 
the legal voters assembled shall choose, from their number, persons 
to act as such two judges, and a clerk of said election. The said 
judges and the said clerk shall take and subscribe the oath required 
of judges and clerks of an election held for State and county officers, 
and such oath may be administered in the same manner as is or may 
be provided by law for administering the oath to judges and clerks 
at a State or county election. At such election all votes shall be by 
ballot. In districts which have adopted the provisions of "An act 
regulating the holding of elections, and declaring the result thereof 
in cities, villages and incorporated towns in this State," approved 
June 19, 1885, the said election shall be held under the provisions of 
said act. 

1. From the provisions of the statute it is apparent for what purpose the 
directors of a school district may issue bonds, borrow money and incur a 
valid liability against the district they represent. It is only for the specified 
objects of building school houses or purchasing school sites, or repairing or 
or improving the same, that this power can be exercised at all, and then only 
by the consent and direction of the legal voters, formerly expresed, at an 
election for that purpose, called and conducted by the directors, as required 
by the statute. Bolton v. Board of Education, lA-193. 



129 

2. The only persons spoken of as having- anything to do in posting- the re- 
quired notices and conducting the election, are the directors of the district, 
two of whom are required to act as judges, and one as clerk of said election. 
Thus it will be seen that any official authentication of said election and the 
result thereof, must be under the hands of the directors. Ibid. 

§ 6. Within ten days after every such election, the judges shall 
cause the poll-book to be returned to the township treasurer, who is 
required to register such bonds, with a certificate thereon showing 
the result of such election, which poll-book shall be filed and safely 
kept by the said township treasurer, and shall be evidence of such 
election. For a failure to return such poll-book to such treasurer 
within the time prescribed, the judges of said election shall severally 
be liable to a penalty of not less than twenty-five (25) dollars nor 
more than one hundred (100) dollars, to be recovered in a suit in the 
name of the People of the State of Illinois, before any justice of the 
IDeace, and when collected, shall be added to the township school fund 
of the township in which said treasurer resides. 

1. There is no provision of the statute making the record of the vote of the 
people of a school district on the question of borrowing money, the only pri- 
mary evidence of a vote on that question, or its result. While it is of the 
utmost importance that an accurate record should be preserved of proceed- 
ings of this character, they are not unsuspectible of proof in other ways. 
Corporations may, and usually do, keep a record of their proceedings, but it 
is not always necessary to their validity that they should do so. Board of 
Education v. Taft, 7A-571. 

§ 7. In all cases where any school district has heretofore issued 
or may hereafter issue bonds, or other evidences of indebtedness, for 
money on account of any public school building or other public im- 
provement, or for any other purposes which are now binding and 
subsisting legal obligations against said school district, and remaining 
outstanding, and which are properly authorized by law, the proper 
authorities of such school district may, upon the surrender of any 
such bonds or other evidences of indebtedness, or any number thereof, 
issue in place or in lieu thereof, or to take up the same, to the holders 
or owners of the same, or to other persons for money with which to 
take up the same, new bonds or other evidences of indebtedness, in 
such form, for such amount, upon such time, not exceeding the term 
of 20 years, and drawing such rate of interest not exceeding 7 per 
centum per annum, as may be determined upon; and such new bonds 
or other evidences of indebtedness so issued shall show, on their face, 
that they are issued imder this act: Provided, that the issue of such 
new bonds in lieu of such indebtedness shall first be authorized by a 
vote of the legal voters of such school district voting at an election 
called and conducted as other elections provided for by this article of 
this act: And, provided, further, that such bonds or other evidences 
of indebtedness shall not be issued so as to increase the aggregate 
indebtedness of such school district beyond 5 per centum on the value 
of the taxable property therein, to be ascertained by the last assess- 
ment for State and county taxes prior to the issuing of such bonds or 
other evidences of indebtedness. (As amended by an act approved 
April 24, 1899.) 

— 9 S L 



lao 

Article X. 

COUNTY CLEEK. 

Section 1. In ail cases where, by ^any provision of laws, tlie re- 
turns of any election for school trustees are made to the county clerk 
of any county, it shall be the duty of the county clerk, within ten 
days after such returns have been made to him as aforesaid, to fur- 
nish to the county superintendent of schools a list of all such trus- 
tees so returned to him, and the township from which the same have 
been so returned, 

§ 2. Whenever any change shall be made in the boundaries of 
any school district, and a written statement or record of such change 
shall be delivered to the county clerk of such county, it shall be the 
duty of said county clerk to file such statement or record and all 
papers relating thereto and duly record the same in the records of his 
office; and in case of a neglect or failure to do so the said county 
clerk shall be liable to a penalty of twenty-five (25) dollars, to be 
recovered by an action of debt before any justice of the peace, at the 
suit of the county superintendent, for the benefit of the school fund 
of the said county. 

§ 3. Whenever any school district lies partly in two or more 
counties, it shall be the duty of the county clerk of each county in 
which any part of such district lies to furnish, upon request, to the 
directors of such district a certificate showing the last ascertained 
equalized value of the taxable property in that part of such district 
lying in such country. 

§ 4. It shall be the duty of the county clerk to furnish to the di- 
rectors of any school district, or to the board of education in districts 
having a board of education, upon request, a certificate showing the 
last ascertained equalized value of the taxable property of such dis- 
trict, as the same appears of record in his office. 

§ 5. It shall be the duty of the county clerk, when making out 
the tax books for the collector, to compute each taxable person's tax 
in each school district, upon the total amount of taxable property, as 
equalized by the State Board of Equalization for that year, lying and 
being in such district, whether belonging to residents or non-residents, 
and also each and every tract of land assessed by the assessor which 
lies, or the largest part of which lies, in such district. Such compu- 
tation shall be made so as to realize the amount of money required 
to be raised in such district, as shown and set forth in the certificate 
of tax levy, made out by the directors of such district, and filed with 
the township treasurer, as required by the provisions of this act. 
The said county clerk shall cause each person's tax, so computed, to 
be set upon the tax book to be delivered to the collector for that year, 
in a separate column against each tax-payer's name, or parcel of tax- 
able property, as it appears in said collector's books, to be collected 
in the same manner, and at the same time, and by the same per- 
son, as State and county taxes are collected. In making up the 
tax books to be delivered to the collector of taxes, the county clerk 
shall copy into such tax books the number of the school district set 



IBl 

opposite to each person's assessment of personal property, by the; 
assessor making the assessment of such person, and to extend the 
school tax on each person's assessmentof personal property, according 
to the rate required by the amount designated by the directors of the 
school district in which such person resides, as shown by said certifi- 
cate of tax levy. The computation of each person's tax and the levy 
made by the clerk, as aforesaid, shall be final and conclusive: 
Provided, that the rate shall be uniform, and shall not exceed that 
required by the amount certified by the board of directors. The 
said county clerk, before delivering the tax book to the collector, 
shall make out and send by mail to each township treasurer of the 
county a certificate of the amount due each district or fraction of a 
district, in his township, of said tax so ^levied and placed upon the 
tax books 

1. Section 1, article 8, provides, that for the purpose of establishing' and 
supporting free schools, for not less than six nor more than nine months in 
each year, and defraying- all the expenses of the same, and for the purpose of 
repairing and improving school houses, procuring furniture, fuel, libraries 
and apparatus, and for all other necessary incidental expenses in each district, 
village or city, the directors of the district and the authorities of the village 
■or city, shall be authorized to levy a tax, annually, upon all the property of 
the district, village or city, not to exceed two and one-half per centum, per 
annum, for educational and two and one-half per centum, per annum, for 
Tjuilding purposes, the valuation to be ascertained by the last assessment for 
State and county taxes. Wabash Railroad Company v. The People, 147-196. 

2. The county clerk, when making out the tax books for the collector, 
shall compute each taxable person's tax, in said district, upon the total 
amount of taxable property, as equalized by the State Board of Equalization 
for that year, lying and being in said district, whether belonging to residents 
or non residents, and also each and every tract of land assessed by the as- 
sessor, which lies, or the largest part of which lies, in said district. Ibid. 

3. From these provisions, and especially from the language of the sec- 
tion last quoted, it seems to be very clear that school taxes are required to 
be computed and extended upon the valuation and assessment of property 
for purposes of taxation for the current and not for the previous year. The 
extension of the school tax on the tax books is to be made at the same time 
that the other taxes are levied and extended, and that is not until after the 
assessment of property for the current year has been made, and has been 
equalized by the State board, and the computation is expressly required to 
be based upon the valuation of taxable property as equalized by the State 
board for that year. Ibid. 

4. If the estimate of the directors should happen to exceed two and one- 
half per centum of the equalized assessment, the result would be that only 
the two and one-half per centum could be levied and extended on the tax 
books, and that the excess would have to be abated. Ibid. 

5. Where a county clerk by mistake extends the school tax of district No. 
1 on lands in district No. 2. and the tax having been collected, a bill will not 
lie to enable the latter to recover from the former the amount of taxes so 
collected. If there be any equity it is wholly in favor of the tax-payers 
whose burdens have been made heavier, against those who are relieved 
thereby. The board of neither school district is the representative of tax- 
payers to adiast their equities. School District v. School District, 57A-288. 

§ 6. Whenever the county board of any county shall have audited 
the itemized bills of the county superintendents of schools or their 
assistants, as required by the provisions of this act, it shall be the 
-duty of the county clerk of such county to certify to such act, and 



1H2 

transmit the said bills to the Auditor of Public Accounts, who shall, 
upon the receipt of them, remit, in payment thereof to each superin- 
tendent, his warrant upon the State Treasurer for the amount certi- 
fied to be due him ; and the Auditor, in making his warrant to any 
county for the amount due from the State school fund, shall deduct 
from it the several amounts for which warrants have been issued to 
the county superintendent of said county since the next preceding 
apportionment of the State school fund. 

§ 7. The county clerk of each county shall preserve and record in 
a well-bound book to be kept for that purpose, the report of the 
county superintendent, made to the county board at the first regular 
term of such board in each year, relating to the sale of school lands, 
the amount of money received, paid, loaned out and on hand, be- 
longing to each township fund in his control, and the statement 
copied from the loan book of such county superintendent, showing 
all the facts in regard to loans, which are required to be stated on the 
loan book. 



Aeticle XI. 



COUNTY BOAED. 



Section 1. The county board of each county of this State shall 
have power — 

First — To approve the bond of the county superintendent of 
schools. 

Second- — To increase the penalty of the bond of the county super- 
intendent of schools beyond twelve thousand (12,000) dollars if, in 
the discretion of said county board, such bond should be so in- 
creased. 

Third — To remove the county superintendent of schools from of- 
fice for any palpable violation of law or omission of duty. 

1. The county board can not capriciously remove an incumbent from a 
public office, no matter whether he has been elected or appointed to such 
office. In case of a county superintendent of schools he can be removed only 
for a palpable violation of law or an omission of duty. People v. Mays, 
17A-361; People v. Mays. 117-257. 

2. The intoxication of a county superintendent repeatedly when attending 
to the duties of his office, or at the time he should have been attending to 
such duties, constitutes a palpable omission of duty under this section, and 
justifies a county board in removing him from office. Ibid. 

Fourth — To require the county superintendent of schools, after 
notice given, to execute a new bond, conditioned and approved as the 
first bond, whenever in the discretion of the county board such new 
bond is necessary: Provided, however, that the execution of such 
new bond shall not afPect the old bond or the liability of the security 
thereof. 

Fifth — To require the county superintendent of schools to make 
the reports to such board provided for by law, and to remove him. 
from office in case of neglect or refusal so to do. 



183 

Sixth — In counties having not more than one hundred (100) 
schools, the board may limit the time of the superintendent of 
schools: Pi'ovided, that in the counties having not more than fifty 
(50) schools the limit of time shall not be less than one hundred and 
fifty (150) days a year; in counties having from fifty-one (51) to 
seventy-five (75) schools, not less than two hundred (200) days a 
year, and in counties having from seventy-six (76) to one hundred 
(100) schools, not less than two hundred and fifty (250) days. 

Seventh — Said county board shall authorize the county superin- 
tendent of schools to employ such assistants as he needs for the full 
discharge of his duties, and said county board shall fix the compen- 
sation to be paid thereof, which compensation shall be paid out of 
the county treasury. 

§ 2. It shall be the duty of the county board of each county of 
this State — 

First — To provide for the county superintendent of schools a suit- 
able office with necessary furniture and office supplies, as is done in 
the case of other county officers. 

Second — When the office of county superintendent of schools shall 
become vacant by death, resignation, removal or otherwise, to fill the 
same by appointment. And the person so appointed shall hold his 
office until the next election of county officers, at which election the 
said board shall order the election of a successor. 

Third — To examine and approve or reject the report of the county 
superintendent of schools made to such board, and the notes and se- 
curities taken by such superintendent for school funds. 

Fourth — At the regular meeting in September, and as near quar- 
terly thereafter as such board may have regular or special meetings, 
to audit the itemized bills of the county superintendent, and of his 
assistants, for their per diem compensation and expenses allowed by 
law for visiting schools. 

§ 3. At the first regular term of the county board, in each year, 
the county superintendent shall present to the county board of his 
county^ — 

First — A statement showing the sales of school lands made subse- 
quent to the first regular term of the previous year, which shall be a 
true copy of the sale book (book B). 

Second — Statements of the amount of money received, paid, loaned 
out and in hand, belonging to each township or fund under his con- 
trol, the statement of each fund to be separate. 

Third — Statements copied from his loan book (book C), showing 
all the facts in regard to loans which are required to be stated on the 
loan book. All of which the county board shall thereupon examine 
and compare with the vouchers, and the said county board, or so 
many of them as may be present at the meeting of the board, shall be 
liable individually to the fund injured and to the securities of the 
county superintendent, in case judgment be recovered of the said se- 
curities, for all damages occasioned by a neglect of the duties, or any 
of them, required of said board by this section: Provided, nothing 



134 

herein contained shall be construed to exempt the securities, of said 
county superintendent from any liability as such securities, but they 
shall still be liable to the fund injured the same as if the members of 
the county board were not liable to them for neglect of their duty. 



Article XII. 



SCHOOL FUND. 



Section 1. The common school fund of this State shall consist 
of the proceeds of a two-mill tax to be levied upon each dollar's val- 
uation of the property in the State, annually, until otherwise pro- 
vided by law, the interest on what is known as the school fund proper, 
being three per cent upon the proceeds of the sales of the public 
lands in the State, one-sixth part excepted, and the interest on what 
is known as the surplus revenue, distributed by act of congress and 
made a part of the common school fund by act of the Legislature, 
March 4, 1837. 

§ 2. The State shall pay the interest mentioned in the preceding 
section at the rate of six per cent per annum, annually, to be paid 
into, and become a part of said school fund. 

§ 3. On the first Monday in January in each and every year next 
after taking the census in the State, by federal or State authority, 
the Auditor of Public Accounts shall ascertain the number of children 
in each county in the State, under twenty one years of age, and shall 
thereupon make a dividend to each county of the sum from the tax 
levied and collected under the provisions of the first section of this 
article of this act, and of the interest due on the school fund proper 
and surplus revenue in proportion to the number of children in each 
county under the age aforesaid, and issue his warrant to the super- 
intendent of schools of each county upon the collector thereof. 
Upon presentation of said warrant by the county superintendent to 
the collector of his county, said collector or the treasurer shall pay 
over to the county superintendent the amount of said warrant out of 
the first funds which may be collected by him and not otherwise ap- 
propriated by law, taking said superintendent's receipt therefor. 

§ 4. The said warrant issued by the Auditor of Public Acoounts 
for the school fund tax, and for the interest of the school fund proper 
and surplus revenue, shall be received by the State Treasurer in pay- 
ment of amounts due the State from county collectors ; and on pre- 
sentation by the State Treasurer of said warrants to said Auditor, he 
shall issue his warrant to said treasurer on the school fund, for the 
amount of the school fund tax warrants, and on the revenue fund for 
the amount of the warrants for interest on the school fund proper 
and surplus revenue. Dividends shall be made as aforesaid, accord- 
ing to the proportions ascertained to be due to each county, annually, 
thereafter until another census shall have been taken, and then 
dividends shall be made and continued as aforesaid, according to the 
last census. 



135 

§ 5. If any collector shall fail or refuse to pay the amount of the 
aforesaid Auditor's warrant, or any part thereof, by the first day of 
March, annually, or as soon thereafter as it may be x^resented, it shall 
be competent for the county superintendent to proceed against said 
collector and his securities in an action for debt, in any court having 
competent jurisdiction, and the said collector shall pay interest at 
the rate af twelve per ce^itum per annum, to be assessed as damages 
upon the amount due, and which interest shall be included in the 
judgment obtained against him: Provided, that if it satisfactorily 
appears to the court that on said first day of March, or on the day of 
presentation for payment thereafter, that said collector had not, as 
yet, collected funds aufficient to pay said warrant, said interest shall 
not be allowed upon said warrant. 

§ (5. All bonds, notes, mortgages, moneys and effects which have 
heretofore accrued or may hereafter accrue from the sale of the six- 
teenth section of the common school lands of any township or county, 
or from the sale of any real estate or other property taken on any 
judgment or for any debt due to the principal of any township or 
county fund, and all other funds of every description which have 
been or may hereafter be carried to and made part of the principal 
of any township or county fund, by any law which has heretofore 
been, is now or may hereafter be enacted, are hereby declared to be 
and shall forever constitute the principal of the township or county 
fund, respectively; and no part thereof shall ever be distributed or 
expended for any purpose whatever, but the same shall be loaned out 
and held to use, rent or profit, as provided by law. But the interest, 
rents, issues and profits, arising and accruing from the principal of 
said township or county fund, shall be distributed in the manner and 
at the times as provided by this act; nor shall any part of such inter- 
est, rents, issues and profits be carried to the principal of the respect- 
ive funds, except it appear on the first Monday in October in any 
year, that there is rent, interest or other funds on hand which are not 
required for distribution, such amount not required, as aforesaid, may, 
if the board of trustees see proper, forever be considered as principal 
in the funds to which it belongs, and loaned as such 

§ 7. School funds collected from special taxes, levied by order of 
school directors, or from the sale of property belonging to any dis- 
trict, shall be paid out only on the order of the proper board of 
directors ; and all other moneys or school funds liable to distribu- 
tion, paid into the township treasury, or coming into the hands of 
the township treasurer, shall, after said funds have been apportioned 
by the township trustees, as required in section 26 of article 3 of 
this act, be paid out only on the order of the proper board of directors, 
signed by the president and clerk of said board, or by a majority of 
said board. For all payments made, receipts shall be taken and filed 
by said board of directors. 

1. Where the board of directors have a president and clerk, and direct the 
payment of money from the treasury for any legitimate purpose, it is a rery 
proper mode of executing- the school order to have it signed by the president 
and clerk of the board. But this is not the only method of executing such an 
order. The school law, in express ternas, authorizes a school order to be 



136 

sig'ned by a majority of the board. Under a fair and reasonable construction 
of the school law either method may be adopted, and whether a school order 
may be executed by the president and secretary of the board, or by a major- 
ity of the directors who constitute the board, can make no difference, so far 
as the legality of the transaction is concerned. Langdale v. The People, 100- 
363. 

2. The law provides for the election, in each school district, of three per- 
sons as school directors. When elected and qualified, they become a corpo- 
ration, and have perpetual succession. Their duties are plainly defined by 
the law, and may be performed by a majority of its members. One director 
may not act for the others, with their consent or by their direction. The 
power to sign school orders can not be delegated by one to the other, but 
must be executed in person. It is a personal trust, and can not be delegated. 
Olidden v. Hopkins, 47-52.5. 

3. The township school fund, by which the system is maintained, and all 
moneys belonging to the township devoted to schools, are placed in the cus- 
tody of the township treasurer, no part of which can be distributed or ex'- 
pended for any purpose whatever, except the interest, and the rents and 
profits of such lands as may be acquired by the township, but should be loaned 
out and held to use, rent or profit, as is, or may be provided by law. Ibid. 

4. Certain school funds collected from taxes levied by the order of the 
directors, or from the sale of property belonging to any district, can be paid 
out on the order of the directors, and all moneys and school funds liable to 
distribution, not being principal, paid into the township treasury, or coming 
into the hands of the township treasurer, can be paid out only on the order 
of the board of directors, signed by a majority of the board, or their presi- 
dent and clerk; and in all such orders, the purpose for which, or on what ac- 
count drawn, shall be stated, and a form is given in w^hich they may be 
drawn. IJnd. 

5. From the various provisions of this act, a studied design on the part of 
the Legislature to protect the school fund, and guard it from all misapplica- 
tion, is quite apparent. This provision, requiring orders to express on their 
face for what purpose drawn, must, in the light of this legislation, be re- 
garded as mandatory, and the provision itself is so just, and so well calcu- 
lated to protect the fund, that it cannot, and ought not, in any case, to be 
dispensed w^ith. Ibid. 

§ 8. In all such orders shall be stated the purpose for which or 
on what account drawn. Said order may be in the following form, viz: 

The treasurer of township No range No in county, 

will pay to or order dollars and cents (on his con- 
tract for repairing school house, or w^hatever the case may be.) 

By order of the board of directors of school district No in said 

township. 

A B , President. 

C ...D , Clerli. 

Which order, together with the receipt of the person to whom paid, 
shall be filed in the office of the township treasurer: Provided, that 
when an order is paid in full, such order, if properly endorsed by the 
person in whose favor it was drawn, and his assigns, if any, shall be 
a sufiicient receipt for the purpose of this section. 

1. The statute describes the form of school orders to be drawn by the 
directors on the treasurer of the township, according to which form they are 
neither payable on time nor with interest. Clark v. School Directors, 78-474. 

3. Orders are payable to the individual to whom they are issued, or bearer, 
and they may pass by endorsement, so as to vest the title in the assignee, 
and authorize him to institute suit thereon in his own name; but there is a 
marked and wide difference between the rights of the assignee of such orders, 
and rights of an assignee of a promissory note or bill of exchange, before 
maturity Newell v. School Directors, 68-514. 



137 

3. The purpose which the Legislature had in view in requiring it to be 
stated in the order the purpose for which, or on what account it is drawn, 
was, obviously, to place it beyond the powers of the directors to embezzle the 
school fund or to appropriate it to unauthorized purposes. The order is thus 
made to carry notice to every person who shall become its holder, of its 
validity. He is notified of the aiithority by which, as well as on what account 
it assumes to be issued, and he must, at his peril, ascertain what defenses can 
be interposed against its collection. In this it is entirely different from a 
promissory note or bill of exchange. Ibid. 

4. The board of school directors, though a corporation, are possessed of 
specially defined powders, and can exercise no others, except such as result, by 
fair implication, from the powers granted. The statute gives no pow^er to 
school directors to accept oi-ders or bills of exchange. They have power to 
contract for the erection of a building and to provide for the payment thereof, 
but in order to the exercise of this power, it is not necessary that they should 
accept orders. The mode of making provision for the payment of the work 
prescribed by the statute is, to issue their own orders on the township treas- 
urer, and not to assume obligations in respect to third persons. Peers v. 
Board of Education, 72-508. 

5. The acceptance of orders respects alone the convenience and accom- 
modation of third persons; it furthers no purpose of the school law, and 
subserves no interest of the school fund. The powers of school directors are 
very limited, and specially defined. The path marked out by the statute 
is clear and safe. By following it, school directors will best protect the 
interest of the school fund. School directors have no authority to bind a 
school district by the acceptance of an order, so as to create a right of action 
against it. Ibid. 

6. Where a school house is completed according to contract for school 
directors, who accept the same and deliver school orders to the contractor, 
after a tax had been levied in pursuance to a vote of the people, for building 
purposes, collected and paid over to the treasurer of the township, it is held 
that the purchasers of such orders have a right to rely upon the fund thus 
obtained for payment. Pennington v. Coe, 57-118. 

§ 9. When a district is composed of parts of two or more town- 
ships, the township treasurer or treasurers who do not receive the tax 
money of said district, shall when they hold any funds belonging to 
said district, notify the directors thereof of the amount of such funds, 
and the directors shall thereupon give the treasurer who receives the 
tax money of said district an order for such funds, and upon receipt 
thereof he shall hold them, to be paid out as aforesaid. 

§ 10. In all cases where school funds are held by any person or 
persons in an official capacity, by virtue of any special charter de- 
fining the manner of loaning the same, such moneys may be loaned 
upon the same terms and conditions as are provided by this act, or 
may hereafter be provided, by the school laws of this State, for loan- 
ing the school funds of counties or townships. 



Aeticle XIII. 



SCHOOL LANDS. 



Section 1. Section number sixteen (16) in every township 
granted to the State by the United States for the use of schools, and 
such sections and parts of section as have been or may be granted, as 
aforesaid, in lieu of all or part of section number sixteen (16), and 



138 

also the lands which have been or may be selected and granted as 
aforesaid, for the use of schools, to the inhabitants of fractional 
townships in which there is no section number sixteen (16), or 
where such section shall not contain the proper proportion for the 
use of schools in such fractional townships, shall be held as common 
school lands; and the provisions of this act referring to common 
school lands shall be deemed to apply to the lands aforesaid. 

1. Where a school township is divided, leaving the 16th section wholly in 
one division, such division grants to that portion of the township section 16, 
and the rents, issues and profits thereof, to be administered by the trustees, 
of schools of that township for their own uses and purposes. This fund 
could not be legally administered in any other efficient and profitable man- 
ner; there would be a clashing of jurisdiction and interests, resulting injur- 
iously to the schools. People v. Trustees of Schools, 86-613. 

§ 2. All the business of such townships, so far as relates to com- 
mon school lands, shall be transacted in that county which contains 
all or a greater portion of said lands. 

§ 3. It shall be lawful for the trustees of schools in townships in 
which section number sixteen (16), or any other lands granted in 
lieu thereof, remain unsold or which has title to any other school 
lands whatsoever, to rent or lease the same for an annual rent, to be 
paid in money to the treasurer, by a written contract made by the 
president and clerk, under the direction of the board, with the lessee 
or lessees, which contract shall be filed with the records of the board, 
and a copy of the same transmitted to the county superintendent. 
In case of any default in the payment of the rent, the said board of 
trustees shall at once proceed to collect the same by distress, or 
otherwise, as may be provided by law for the collection of rents by 
landlords. No lease taken under the provisions of this act shall be 
for a longer period than five years, except where such lands are leased 
for the purpose of having permanent improvements made thereon, as 
may be the case in cities and villages: Provided, that the provis- 
ions of this section shall not apply to cities having a population of 
over one hundred thousand (100,000) inhabitants. 

§ 4. The trustees of schools of any township concerned, are 
hereby authorized and empowered in their corporate capacity, to sell 
and convey to any railroad company which may construct a railroad 
across any of the public school lands of such township, the right of 
way and necessary depot grounds. All moneys received by such 
trustees for any right of way or depot grounds so sold, shall be turned 
over by such trustees to the township treasurer of the township for 
the benefit of the township school fund. 

§ 5. If any person shall, without being duly authorized, cut, fell, 
box, bore, destroy or carry away any tree, sapling or log standing or 
being upon any school lands, such person shall forfeit and pay, for 
every tree, sapling or log so felled, boxed, bored, destroyed or carried 
away, the sum of eight (8). dollars, which penalty shall be recovered 
with costs of suit, by an action of debt or assumpsit, before any jus- 
tice of the peace having jurisdiction of the amount claimed, or in the 
county or circuit court, either in the corporate name of the board of 



189 

trustees of the township to which the land belongs, or by qui tarn 
action in the name of any person who will first sue for the same, one- 
half of the judgment for the use of the person suing and the other 
half for the use of the township aforesaid. When two or more per- 
sons shall be concerned in the same trespass, they shall be jointly 
and severally liable for the penalty herein imposed. 

§ (3. Every trespasser upon common school lands shall be liable 
to indictment, and upon couAaction, shall be fined three times the 
amount of the injury occasioned by said trespass, and shall stand 
committed as in other cases of misdemeanor. 

§ 7. All penalties and fines collected under the provisions of the 
foregoing sections shall be paid to the township treasurer, and be 
added to the principal of the township fund. 

§ 8. When the inhabitants of any township or fractional town- 
ship shall desire the sale of the common school lands of a township 
or fractional township, they shall present a petition to the county 
superintendent of the county in which the school lands of the town- 
ship or the greater part thereof, lie, for the sale thereof; which peti- 
tion shall be signed by at least two-thirds of the legal voters of the 
township, or fractional township. The signing of the petition must 
be done in the presence of at least two adult citizens of the township, 
after the true meaning and purpose thereof has been explained; and 
when signed an afiidavit must be affixed thereto by the two citizens 
witnessing the signing in the manner aforesaid, which affidavit shall 
state the number of inhabitants in the township; or fractional town- 
ship, of, and over, 21 years of age; and said petition, so proved, shall 
be delivered to the county superintendent for his action thereon: 
Provided, that in townships having a population of more than 10,000 
inhabitants, such petition shall be signed by at least one-tenth of the 
legal voters of the township, or fractional township, and not two- 
thirds thereof, and that such petition shall be delivered to the county 
superintendent at least 15 days preceding the regular election of 
trustees, or the date of a special election which may be called for 
such purpose ; and thereupon it shall be the duty of said county sup- 
erintendent to notify the voters of such township that an election for 
or against the proposition to sell common school lands of the town- 
ship, or a portion thereof, will be held at the next regular election of 
trustees, or at a special election called for that purpose, by posting 
notices of such election in at least ten of the most public places 
throughout such township, for at least ten days before the date of 
such regular or special election, which notice may be in the following 
form, to- wit: 

ELECTION FOR SALE OF COMMON SCHOOL LANDS. 

Notice is hereby given that on , the day of , A. D. , 

, an election will be held at for the purpose 

of voting- "For" or "Against" the proposition to sell common school lands of 
the township, to-w^it: (here insert description of said lands.) The polls of 

said election will be open at and close at o'clock of said day. 

A B , 

County Superintendent. 



140 

The ballots of such election shall be received and canvassed as in 
other elections provided for in this act, and returns of the result 
thereof made to the county superintendent, and if it shall appear 
that two-thirds of the vote upon such proposition shall have been 
cast in favor of the sale of said lands, then the said county superin- 
tendent shall act thereon: And, provided, no whole section shall be 
sold in any township containing less than 200 inhabitants; and com- 
mon school lands in fractional townships may be sold when the num- 
ber of inhabitants and the number of acres are in a ratio of 200 to 
640, but not before. (As amended by act approved May 10, 1901.) 

1. The commissioner must determine whether or not a township contains the 
number of inhabitants necessary to authorize the sale of a school section, 
before making such sale. Trustees of Schools v. Allen, 21-120. 

§ 9. Any fractional township not having the requisite number of 
inhabitants to petition for the sale of the school lands therein, as 
provided in section 8 of this article of this act, which has not here- 
tofore been united with any other township, for school purposes, and 
which does not co7itain a sufficient number of inhabitants to main- 
tain a free school, is hereby attached to the adjacent congressional 
township having the longest territorial line bordering on such frac- 
tional township, for school purposes; and all the provisions of this 
act shall apply to such united townships, the same as though they 
were one and the same township. 

§ 10. When the petition and affidavits are delivered to the county 
superintendent, as aforesaid, he shall notify the trustees of said 
township thereof, and said trustees shall immediately proceed to 
divide the land into tracts or lots, of such form and quantity as will 
produce the largest amount of money. 

§ 11. After making the division required by the foregoing sec- 
tion, said trustees shall cause a correct plat of the same to be made, 
representing all divisions, with each lot numbered and defined, so 
that its boundaries may be forever ascertained. 

1. It would seem from the general terms of this act, that the trustees may 
lay ofP the school lands in such sized tracts or lots, as they deem most ad- 
vantageous to the school fund. Barger v. Jones 4-613. 

2. These sections under which lands may be subdivided and platted, make 
no reference whatever to the laying out of roads or highways, and the sub- 
divisions there contemplated do not involve the necessity of creating highways. 
It is a mere division of the land for the purpose of putting it on the market 
in parcels smaller than the entire tract, leaving the purchasers to acquire 
easements in the nature of public or private ways in the ordinary mode. 
Seeger v. Mueller, 133-86. 

3. As the laying out of roads is not necessary to, and is not therefore im- 
plied in the power to make ordinary subdivisions of land, it does not exist, 
and the acts of the trustees of schools in attempting to lay out roads, streets 
and alleys, is ultra vires and void. Nor can any force be given to the sugges- 
tion that the purchasers of land, having bought with reference to the plat, 
are entitled to an easement in the roads delineated thereon upon the principle 
of estoppel. Ibid. 

4. Undoubtedly a private owner of land who has the entire control and 
dominion over it as his own property, and who plats his land and makes sales 
of the different parts of it according to the plat, will be estopped to deny the 
right of the several purchasers to an easement in the roads and w^ays de- 



141 

picted on the plat, even thoiig-h the plat may not be executed according- ta 
the statute. And it may be admitted that the several purchasers would be 
enabled to assert such right as against each other. But the rule is different 
where the plat is made by municipal officers whose powers in the premises 
are limited and defined by statute. Ibid. 

§ 12. In subdividing said common school lands for sale, no lot 
shall contain more than eighty acres, and the division may be made 
into town or village lots, with roads, streets or alleys between them 
and through the same ; and all such division, with all similar divisions 
hereafter made, are hereby declared legal, and all such roads, streets 
and alleys, public highways. 

1. Where lands are divided into town or village lots, the laying out of 
streets and alleys is a necessary part of the subdivision. A town or villag-e 
plat cannot be laid out without streets, and is not usually laid out without 
both streets and alleys. The laying out of roads, streets and alleys as pro- 
vided for in this section, plainly relate to town or village plats, and not to 
subdivisions of land where there is no town or village. Seeger v. Mueller, 133- 
86. 

3. The power conferred on trustees of schools to lay out roads, streets and 
alleys, is confined to cases where they lay out school lands into town or vil- 
lage lots. In other cases they have no power to lay out roads, or to appropriate 
or dedicate any part of such land for public highways. The powers granted 
to the trustees will not be extended by implication, but in determining their 
intent and scope, a strict interpretation w^ill be adopted. Ibid. 

§ 13. After such division into lots has been made and platted, 
the trustees of schools shall fix a value on each lot, having regard 
to the terms of sale, certify to the correctness of the plat, stating the 
value of each lot per acre, or per lot if less than one acre, and re- 
ferring to and describing the lot in the certificate, so as fully and 
clearly to distinguish, and identify each lot; which plats and certifi- 
cate shall be delivered to the county superintendent, and shall gov- 
ern him in advertising and selling such lands. 

§ 14. Upon the recej)tion by the county superintendent of the 
plat and certificate of valuation from the trustees, he shall proceed 
to advertise the said land for sale in lots, as divided and laid off by 
said trustees, by posting notice thereof in at least six (6) public 
places in the county forty days before the day of sale, describing the 
land and stating the time, place and terms of sale; and if any news- 
paper is published in said county, said advertisement shall be printed 
therein for four weeks before the day of sale ; if no newspaper is pub- 
lished in said county, then said land may be sold under the notice 
aforesaid, which notice may be in the following form, viz: 

SALE OF SCHOOL LA]N'B. 

Public notice is hereby given that on the day of 

A. D., 19. . . ., between the hours of 10:00 o'clock a. m. and 6:00 o'clock p. m., the 

undersigned superintendent of schools of county will sell 

at public vendue to the highest bidder, at the door of the court 

house in (or on the premises) the following described real 

estate, the same being a part of the school lands of township No range 

No as divided and platted by the trustees of schools of said tow^nship, 

to- wit: (Here insert full and complete description of said premises.) Said 
lands will be sold for cash in hand, with the privilege to any purchaser of 



142 

Taorrowing' from the undersigned, the whole or any part of the amount of his 
bid, for not less than one nor more than five years, upon his paying- interest 
and giving' security, as required in case of a loan obtained from the township 
school fund. 

Dated this day of A. D. , 19 ... . 

A B 

County Superintendent, 
County. 

1. The school commissioner is a ministerial ofiicer or agent appointed by 
the law to do certain things, and among others, to sell the school lands. In 
doing this he exercises a power delegated to him by the legislature. The 
law has specified the extent of the credit, and the character of the security. 
This might have been left to the discretion of the commissioners had it been 
thought advisable. Kidder v. Trustees, 10-191. 

3. Misrepresentations on the part of a school commissioner in the sale of 
lands must be such, that care and prudence could not have provided against 
the deception, as the law will not extend its protection to those who, through 
negligence or inattention to their business, suif er an advantage to be taken of 
their credulity. Coolie v. School Commissioner, 6-537. 

3. Where lands are sold on a credit of one, two and three years, and the 
notes of the purchaser are taken for the several installments, the commis- 
sioner omitting to take a mortgage to secure the purchase money, the lien 
upon the land is not lost thereby, and may be enforced against subsequent 
purchasers. School Trustees v. Wright, 13-432. 

§ 15. The place of selling common school lands shall be at the 
court house of the county in which the lands are situated; or the 
trustees of schools may direct the sale to be made on the premises. 

§ 16. The terms of selling common school lands shall be to the 
highest bidder for cash, with the privilege to each purchaser of bor- 
rowing from the county superintendent the amount or any part of 
the amount of his bid, for any period not less than one year nor 
more than five years, upon his paying interest and giving security, 
as in case of money loaned by a township treasurer as provided in 
this act. 

§ 17. Upon the day appointed for such sale, the county superin- 
tendent shall proceed to make sales as follows, viz: He shall begin 
at the lowest numbered lot and proceed regularly to the highest num- 
bered, till all are sold or offered. No lot shall be sold for less than 
its valuation by the trustees. Said sale shall be made between the 
hours of 10:00 o'clock a. m., and 6:00 o'clock p. m., and may continue 
from day to day. The lots shall be cried separately, and each lot 
cried long enough to enable any person present to bid who desires to 
bid. 

§ 18. Upon closing the sales each day, the purchasers shall each 
pay, or secure the payment of the purchase money, according to the 
terms of sale; or in case of his failure to do so by 10:00 o'clock the 
succeeding day, the lot purchased shall again be offered at public 
sale, on the same terms as before, and if the valuation or more shall 
be bid, shall be stricken off; but if the valuation be not bid, the lot 
shall be set down as not sold. If the sale is or is not made the former 
purchaser shall be required to pay the difference between his bid and 
the valuation of the lot, and in case of his failure to make such pay- 
ment, the county superintendent may forthwith institute an action 
of debt or assumpsit in his name, as superintendent, for the use of 



143 

the inhabitants of the township where the land lies, for the required 
sum ; and upon making proof , shall be entitled to judgment, with 
costs of suit; which, when collected, shall be added to the principal 
of the township fund. If the sum claimed does not exceed $200.00, 
the suit may be commenced before a justice of the peace; if the sum 
demanded exceeds $200.00, then suit may be brought in the circuit 
court of any county wherein the party may be found. 

§ 19. All lands not sold at public sale, as herein provided for, 
shall be subject to sale at any time thereafter, at the valuation; and 
the county superintendents are authorized and required, when in 
their power, to sell all such lands at private sale, upon the terms at 
which they were offered at public sale. 

§ 20. In all cases where common school lands have been hereto- 
fore valued, and have remained unsold for two years, after having 
been offered for sale, or shall hereafter remain unsold for that length 
of time, after being valued and offered for sale, in conformity to this 
act, the trustees of schools where such lands are situated may vacate 
the valuation thereof by an order to be entered in book A of the 
county superintendent, and cause a new valuation to be made, if, in 
their opinion, the interests of the township will be promoted thereby. 
They shall make said second valuation in the same manner as the 
first was made, and shall deliver to the county superintendent a plat 
of such second valuation, with the order of vacation, to be entered, 
as aforesaid; whereupon, said county superintendent shall proceed to 
sell said lands in all respects, as if no former valuation had been 
made: Provided, that the second valuation may be made by the 
trustees of schools, without petition, as provided in this act for the 
first valuation. 

§ 21. Upon the completion of every sale by the purchaser, the 
county superintendent shall enter the same in book B, and shall de- 
liver to the purchaser a certificate of purchase stating therein the 
name and residence of the purchaser, describing the land and the 
price paid therefor, which certificate shalF :be ^evidence of the facts 
therein stated, 

I. Section 15, article 2, ■which requires the county superintendent to keep 
-certain books for purposes connected with the sale of school lands is direc- 
tory to the superintendent, but the title to the land he might sell, if legally 
and fairly sold, could hardly be made to depend on his obeying these direc- 
tions. Trustees of Schools v. Allen, 21-120. 

§ 22. At the first regular term of the county board in each year, 
the county superintendent shall present to the county board of his 
county a statement showing the sale of school lands made subse- 
quent to the first regular term of the previous year, which shall be a 
true copy of the sale book (book B). 

§ 23. The county superintendent shall, also, at the time afore- 
said, transmit to the Auditor of Public Accounts, a full and exact 
transcript from book B of all the sales made subsequent to each re- 
port. The statement required to be presented to the county board 



144 

shall be preserved and copied by the clerk of said board into a well- 
bound book kept for that purpose; and the list transmitted to the 
Auditor shall be filed, copied and preserved in like manner. 

§ 24. Every purchaser of common school lands shall be entitled 
to a patent from the State, conveying and assuring the title. Patents 
shall be made out by the Auditor, from returns made to him by the 
county superintendent. They shall contain a description of the land 
granted, and shall be in the name of and signed by the Governor, 
countersigned by the Auditor, with the great seal of the State 
affixed thereto by the Secretary of State, and shall operate to vest in 
the purchaser a perfect title in fee simple. When patents are exe- 
cuted as herein required, the Auditor shall note on the list of sales 
the date of each patent, in such manner as to perpetuate the evidence 
of its date and delivery, and thereupon transmit the same to the 
county superintendent of the proper county, to be by him delivered 
to the patentee, his heirs or assigns, upon the return of the original 
certificate of purchase, which certificate, when returned, shall be 
filed and preserved by the county superintendent; and all such 
patents, heretofore or hereafter so issued, by the State for school 
lands, or duly certified copies thereof from any record legally made, 
shall, after a lapse of ten years from the date of such patent, and 
such sale having been acquiesced in for ten years by the inhabitants 
of the township in which the land so conveyed may be situated, be 
conclusive evidence as to the legality of the sale, and that the title to 
such land was, at the date of the patent, legally vested in the patentee. 

1. The purchaser of school lands is entitled to receive a patent only upon 
the surrender of his certificate of purchase, and, if the purchase money has 
not been paid, then upon the execution and delivery to the eoramissioner of 
his mortgage. Clybourn v. PiUshurg, Fort Wayne A Chicago Railway Company, 
4A-463. 

2. The school commissioner may be considered the legally constituted 
agent of both parties to receive the patents, and, by delivering them in com- 
pliance with lavr, the title is divested out of the State and becomes vested in 
the purchaser. People v. The Auditor, 3-567. 

3. The recital in the certificate of purchase, that a patent v^^ould issue on 
the payment of the balance of the purchase money, cannot be understood as 
in any manner afl'ecting the provision of the layv requiring the Auditor to 
forvpard the patents vs^hen he receives the returns, or as restraining him from 
issuing them before the expiration of the term of credit. Ibid. 

§ 25. Purchasers of common school lands, and their heirs and 
assigns, may obtain duplicate copies of their certificates of purchase 
and patents, upon filing affidavit with the county superintendent in 
respect to certificates, and with the Auditor in respect to patents, 
proving the loss or destruction of the originals ; and such copies shall 
have the force and efi^ect of originals. 

1. A certified copy of the original, under the seal of the office of the Auditor, 
was all that was contemplated by the Legislature. A compliance with the 
statute could not be had, if the word duplicate is assigned its technical mean- 
ing. Duplicates are issued simultaneously, each one possessing the same 
formalities of execution. In case of patents issued by a functionary of the 
government, whose term of office has expired, or who may be dead, no dupli- 
cate thereof, other than certified copies made by the officer, who is required 
to note the date of each patent on the lists of the land sold, which are in his 
custody, could possibly be made. Jackson v. Berner, 48-203. 



145 

2. These patents have no recorded existence in any public office, save that 
of the Auditor, and the law, in case an original patent is lost, would be value- 
less if such loss could not be supplied by a certified copy made by him and 
authenticated under his official seal. Ibid. 

3. The preliminary pi-oof here required is simply for the county superin- 
tendent, when certificates of purchase are lost, and for the Auditor, when 
patents are lost, to cause them to act and issue the duplicate copies, and in 
nowise affects the question of the admissibility or sufficiency of the duplicate 
copies as evidence, for such copies, when issued, shall have all the force and 
effect of the originals. Reich v. Berdel, 120-499. 

4. There is nothing in the statute that limits the persons in behalf of whom 
the duplicate copies may be used as evidence; and it is therefore unimportant 
by what individual the affidavit upon which the Auditor acted was made. 
It is enough that he found it to be sufficient and acted upon it. Ibid. 

§ 26. When any real estate shall have been taken for any debts 
due to any school fund, the title to which real estate has become 
vested in any county superintendent for the use of the inhabitants of 
one or more townships, or of the county, the county superintendent 
may lease or sell such real estate for the benefit of such township or 
townships, or of the county, as provided in section 37 of article 3 of 
this act, regulating the leasing and sales of lands by school trustees : 
Provided, that in case the real estate be held for the benefit of any 
township or townships, it shall not be sold except upon the written 
request of the school trustees of said township or townships. The 
said county superintendent is hereby authorized to execute convey- 
ances of such real estate to the purchasers when so sold. 

§ 27. The trustees of schools in any township are hereby author- 
ized and empowered, in their corporate capacity, to lay out and 
dedicate to the public use, for street and highway purposes, so much 
of the common school lands, which is unimxoroved or unoccupied 
with buildings, as may be necessary to open or extend any street or 
highway which may be ordered opened or extended by the municipal 
authorities, which are by law empowered to open or extend streets or 
highways in the territory where said school lands are located: Pro- 
vided, that said trustees of schools shall be of the opinion that the 
benefits to accrue from the opening or extending of said street or 
highway, to the remainder of said common school lands will cohi- 
pensate for the strip so dedicated: And, provided, further, that it 
shall not be lawful for any street or other railroad to lay down rail- 
road tracks on any strip of the common school lands so dedicated, or 
use the same or any part of the common school lands for railroad or 
street railroad purposes, except upon the purchase or lease of the 
same from the proper authorities or uiDon the payment to the school 
fund of said township of the value of such use or land taken, the 
same as if no street or highway had been laid out thereon, to be de- 
termined by proceedings under an act entitled, "An act to provide 
for the exercise of the right of eminent domain," approved April 10, 
1872, and all amendments thereto. And, provided, further, that this 
section shall not in any way afPect existing leases or contracts'fpr the 
lease or purchase of common school lands. 



10 SL 



146 
Article XIV. 

FINES AND FOEFEITUEES. 

Section 1. All fines, penalties and forfeitures imposed or incurred 
in any of the courts of record, or before any justice of the peace of 
this State, except fines, forfeitures and penalties incurred or imposed 
in incorporated towns or cities for the violation of the by-laws or 
ordinances thereof, shall, when collected, be paid to the county super- 
intendent of schools of the county wherein such fines, penalties or 
forfeitures have been imposed or incurred, and the said county super- 
intendent of schools shall give his receipt therefor to the person from 
whom such fine, forfeiture or penalty was received. The said county 
superintendent shall annually distribute such fines, penalties or for- 
feitures in the same manner as the common school funds of the State 
are distributed. 

§ 2. It shall be the duty of the State's attorneys of the several 
counties to enforce the collection of all fines, forfeitures and penal 
ties imposed or incurred in the courts of record of their respective 
counties, and to pay the same over to the county superintendent of 
the county wherein the same have been imposed or incurred, retain- 
ing therefrom the fees and commissions allowed them by law. 

§ o. It shall be the duty of the justices of the jDeace to enforce 
the collection of all fines imposed by them by any lawful means; and 
when collected the same shall be paid by the justice collecting the 
same to the county superintendent of the county in which the same 
was imposed. 

1. The proper, just and legal course for justices of the peace, is to pay over 
to the county superintendent of schools, promptly, all fines and penalties 
collected by them, that the money may go to the public school fund. A jus- 
tice of the peace has no legal claim against the people for fees in cases in 
which a prosecution instituted in their name has failed. Moore v. The People, 
37A-641. 

§ 4. Clerks of courts of record. State's attorneys and all justices 
of the peace shall report, under oath to the county court of their 
respective counties, by the first of March, annually, the amount of 
such fines, penalties and forfeitures imposed or incurred in their 
respective courts, and the amount of such fines, forfeitures and pen- 
alties collected by them, giving each item separately, and if any such 
officer has collected no such fines, penalties or forfeitures, he shall 
make affidavit to such fact, and file the same with the county super- 
intendent. The judges of the county court shall inspect the said 
reports, and may hear evidence thereon, and, if found correct and 
truthful, shall enter an order approving such report, and that any 
moneys in the hands of such officers so reporting shall be paid over 
to the superintendent of schools. If the court shall not approve of 
such report, he may order a new one to be made, and uj3on a failure 
to comply with the order of the court, or to make a satisfactory re- 
port, the court may state an account and enter an order to pay over 
as above provided. The court, for all purposes for carrying out the 
provisions of this section, shall have power to examine books and 



147 

papers as provided hereinafter in section 6 of this article, and shall 
have power to issue subpoenas for both books and persons: Pro- 
vided, that no report shall be approved until the court shall have 
given the superintendent five (5) days' notice of the same, and he 
shall be allowed to inspect said report, and he shall be heard by the 
court upon the same if he desire; and the officers charged with the 
collection thereof, the said clerks, state's attorneys and justices of 
the peace, for a failure to make such a report, shall be liable to a fine 
of twenty-five (25) dollars for each offense, said fine to be recovered 
in a civil action, before any court, at the suit of the county superin- 
tendent of schools of the proper county. 

1. The statute makes it the duty of the State's attorney to pay to the 
county superintendent of schools any balance in his hands, over his fees and 
commissions, on the first day of March of each year. The Constitution and 
statutes of the State create the ofi&ces and emoluments incident to them, and 
directs the application of the latter. It is not important, whether or not, the 
county court has approved the report and ordered the balance paid to the 
county superintendent, for the law regards that as done which ought to be 
done, and unless there is a dispute as to the correctness of the report for the 
court to settle, the law itself operates to declare the money due and payable 
to the county superintendent, and it could not be otherwise appropriated 
without a violation of the plain provision of the statute. Chadwick v. The 
People, 108A-630; Chadivick v. The People, 206-133. 

§ 5. For a failure to pay any fine, forfeiture or penalty, on de- 
mand, to the person who is by law authorized to receive the same, 
the officer or person having collected the same, or having the same 
in his possession or control, shall forfeit and pay double the amount 
of such fine, penalty or forfeiture as aforesaid to be recovered before 
any court having jurisdiction thereof, in a qui tarn action, one- half to 
be paid to the informer, and one-half to the school fund of the proper 
county. 

§ 6. In case that any clerk of a court of record. State's attorney 
or justice of the peace shall fail to make the report provided for in 
section 4 of this article, the county court shall have power, and it is 
hereby made the duty of the judge of said court, to examine all 
records pertaining to the office of such delinquent officer and enforce 
the payment of whatever sum may be found due the school fund 
from such delinquent officer. For the purpose of making such ex- 
amination, the said county court shall have the right to call for any 
paper or papers, docket, fee-book or other record belonging to the 
office of such delinquent officer, and in case such delinquent officer 
fails or refuses to furnish such paper, docket, fee-book or other rec- 
ord for the ins]pection or use of such county court, he shall forfeit 
and pay to the school fund the sum of one hundred (100) dollars to 
be recovered in an action of debt or assumpsit, before any court of 
this State having jurisdiction of the actions of debt and assumpsit, 
and such penalty, when collected, shall be paid into the school fund 
of the proper county. 



148 
Aeticle XV. 

LIABILITY OF SCHOOL OFFICEES. 

Section 1. Whenever the county superintendent of schools of 
any county shall notify the board of trustees of any township, in 
writing, that the notes, bonds, mortgages, or other evidences of in- 
debtedness which have been taken officially by the township treas- 
urer, are not in proper form, or that the securities which the said 
township treasurer has taken are insufficient, it will be the duty of 
the said board of trustees at once to take such action as may be 
necessary to save and protect the property or fund of the districts 
and the township; and for a failure or refusual to take such action 
within 20 days after such notice, the members of the board, each in 
his individual capacity, shall be liable to a fine of not less than 
twenty-five (25) nor more than one hundred (100) dollars to be re- 
covered before any justice of the peace, on information, in the name 
of the People of the State of Illinois (provided such insufficiency is 
proven), and, when collected, the said fine shall be paid to the county 
superintendent of the proper county, for the use of schools. And the 
payment of this fine shall not relieve the board of trustees from any 
civil liability they may have incurred from such neglect of duty. 

§ 2. If the judges of any school election called for any legal pur- 
pose shall fail or neglect to deliver a copy of the poll-book of any such 
election, with a certificate thereon showing the result of such election, 
to the officer provided by law to whom such return shall be made, 
within ten days after such election shall have been held, the said 
judges of election shall be severally liable to a penalty of not less 
than twenty- five (25) dollars nor more than one hundred (100) dol- 
lars to be recovered in the name of the People of the State of Illi- 
nois, by an action of debt before any justice of the peace of the 
county; which penalty, when collected, shall be paid into the school 
fund of the township in which such election was held. 

§ 3. It shall be the duty of the board of directors of every school 
district in this State to deliver to the township treasurer all teachers' 
schedules made and certified as required by law, and covering all 
time taught during the school year ending June 30, on or before the 
seventh day of July, annually; and the directors shall be personally 
liable to the district for any and all loss sustained by it through their 
failure to examine and deliver to the said township treasurer all such 
schedules within said time. 

§4. For any failure or refusal to perform all the duties required 
of the township treasurer by law, he shall be liable to the board of 
trustees, upon his official bond, for all damages sustained by reason 
of such failure or refusual, to be recovered by action of debt by said 
board in their corporate name, for the use of the proper township, 
before any court having jurisdiction of the amount of damages 
claimed; but if the said treasurer, in any such failure or refusal, 
acted under and in conformity to a requision or order of said board, 
or a majority of them, entered upon their journal and subscribed by 
their president and clerk, then, and in that case, the members of said 



149 

board aforesaid, or those of them voting for such requisition or order 
aforesaid, and not the said township treasurer, shall be liable, jointly 
and severally, to the the inhabitants of the township for all such 
damages to be recovered by an action of assumpsit in a suit brought 
in the official name of the county superintendent of schools for the 
use of the proper township: Provided, said treasurer shall be liable 
for any loss not collected by reason of the insolvency of said trustees. 

§ 5. When a township treasurer shall resign or be removed, and 
at the expiration of his term of office, he shall pay over to his suc- 
cessor in office, when appointed, all money on hand, and deliver over 
all books, notes, bonds, mortgages and all other securities for money 
and all papers and documents of every description in which the cor- 
poration has any interest whatever; and in case of the death of the 
township treasurer, his securities and legal representatives shall be 
bound to comply with the requisitions of this section so far as the 
said securities and legal representatives may have the power so to do. 
And for any failure to comply with the requisitions of this section, 
the person neglecting or refusing shall be liable to a penalty of not 
less than ten nor more than one hundred dollars, at the discretion of 
the court before which judgment may be obtained, to be recovered in 
an action of debt before any justice of the peace, for the benefit of 
the school fund of such township: Provided, that the obtaining or 
payment of such judgment shall in no wise discharge or diminish the 
obligations of the persons signing the official bond of such township 
treasurer. 

§ 6. If any county superintendent, trustee of school, township 
treasurer, director or any other person entrusted with the care, con- 
trol, management or disposition of any school, college, seminary or 
township fund for the use of any county, township, district or school, 
shall convert such funds, or any part thereof, to his own use, he shall 
be liable to indictment; and upon conviction thereof, shall be fined 
in any sum not less than double the amount of money converted to 
his own use, and imprisoned in the county jail not less than one nor 
more than twelve months, at the discretion of the court. 

§ 7. Trustees of schools shall be liable, jointly and severally, for 
the sufficiency of securities taken from township treasurers ; and in 
case of judgment against any treasurer and his securities for or on 
account of any default of such treasurer on which the money shall 
not be made for want of sufficient property whereon to levy execu- 
tion, action on the case may be maintained against said trustees, 
jointly and severally, and the amount not collected on said judgment 
shall be recovered with costs of suit from such trustees : Provided, 
that if said trustees can show, satisfactorily, that the security taken 
from the treasurer, as aforesaid was, at the time of said taking, good 
and sufficient, they shall not be liable as aforesaid. 

§ 8. The real estate of county superintendents, of township treas- 
urers, and all other school officers, and of the securities of each of 
them, shall be bound for the satisfaction and payment of all claims 
. and demands against said superintendents and treasurers, and other 
school officers as such from the date of issuing process against them, 



150 

in actions or suits brought to recover such claims or demands until 
satisfaction thereof be obtained; and no sale or alienation of real 
estate, by any superintendent, treasurer or other officer or security 
aforesaid, shall defeat the lien created by this section, but all and 
singular such real estate held, owned or claimed, as aforesaid, shall 
be liable to be sold in satisfaction of any judgment which may be 
obtained in such actions or suits. 

1. This section provides that the real estate of the securities of school offi- 
cers, in case of default, shall be bound from the date of the issuing of the 
process, and that no alienation of the estate after process issued shall oper- 
ate to defeat the lien created thereby. There is no provision that it shall re- 
quire the service of the process or the rendition of a judgment to create the 
lien. The lien, therefore, attaches, if judgment shall thereafter be rendered, 
fi-om the date of the issuing of the process, without reference to the time 
when it was served. Snyder v. Spaulding, 57-480. 

§ 9. Trustees of schools, or either of them, failing or refusing to 
make returns of children in their township according to the pro- 
visions of this act, or if either of them shall knowingly make a false 
return, the party so offending shall be liable to a penalty of not less 
than ten (10) dollars nor more than one hundred (100) dollars, to be 
recovered by an action of assumpsit before any justice of the peace 
of the county; which penalty, when collected, shall be added to the 
township school fund of the township in which said trustees reside. 

1. The word information means complaint in the connection that it is used 
in such actions. The context shows that other penalties, imposed by the 
same section, may be collected in an action of assumpsit before a justice of 
the peace. Whether the action is debt or assumpsit is immaterial. It is suffi- 
cient that it is in the name of the People, on the information or complaint 
of any citizen aggrieved. Newton v. The People, 72-507. 

§ 10. If any county superintendent, director, or trustee, or either 
of them, or other officer whose duty it is, shall negligently or wil- 
fully fail or refuse to make, furnish or communicate the statistics 
and information, or shall fail to discharge the duties enjoined upon 
them, or either of them, at the time and in the manner required by 
the ijrovisions of this act, such delinquent or party offending shall be 
liable to a fine of not less than twenty-five (25) dollars, to be recov- 
ered before any justice of the peace at the suit of any person, or in- 
formation in the name of the People of the State of Illinois, and 
when collected, the said fine shall be paid to the county superin- 
tendent of the proper county for the use of the school fund. 

§ 11. County superintendents, trustees of schools, directors and 
township treasurers, or either of them, or any other officer having 
charge of school funds or property, shall be pecuniarily responsible 
for all losses sustained by any county, township or school fund, by 
reason of any failure on his or their part to perform the duties re- 
quired of him or them by the provisions of this act: or by any rule 
or regulation authorized to be made b,y the provisions of this act; and 
each and every one of the officers aforesaid shall be liable for any 
such loss sustained as aforesaid, and the amount of such loss may be 
recovered in a civil action brought in any court having jurisdiction 
thereof, at the suit of the State of Illinois, for the use of the county, 



151 

township or fund injured ; the amount of the judgment obtained in 
such suit shall, when collected, be paid to the proper officer for the 
benefit of the said county, township or fund injured. 

1. If school officers have squandered school funds, or appropriated the 
same to a purpose not authorized by law, in consequence of which a loss has 
occurred, proper relief may be had under this section of the statute. A court 
of equity has no jurisdiction. Moore v. Fessenbedc, 88-422. 

2. If school directors appropriate school funds under their control to a 
purpose not authorized by law, in consequence of which a loss occurs to the 
district, adequate relief may be had under this section of the statute. If the 
directors have squandered the funds of the district, or appropriated them to 
purposes not authorized by law, and in consequence thereof the taxpayers; 
have been injured, they have a remedj?- at law, Wahl v. School Directors^ 
78A-403. 

3. Where two directors, without notifying the other director, cause a well 
to be dug and walled on the school house lot of the district, where the well 
is a necessity, although the record of the proceedings of the board of directors 
shows that the well was not ordered and paid for out of the funds of the dis- 
trict, at anj' regular or special meeting held by the directors or any two of 
them, it is held, that such proceedings do not cause the funds of the district 
to sustain such loss as would render the directors liable under this section. 
Rea v. The Peojjle, 84A-504. 

4. It is true that the business of the school districts in this State should be 
transacted by its board of directors in the manner pointed out by the statute, 
and that the directors in this case ought to have contracted and paid for the 
well in question at some regular or special meeting, and caused a record to 
be made of their actions, and that the third director should have been notified 
of the proposed action of the other two so that he could have had an oppor- 
tunity to participate therein, yet the court cannot saj'' that the directors, by 
having the well dug and paying for the same in the manner shown, have oc- 
casioned such a loss to the funds of the district as is intended to be provided 
against by this section. Ibid. 

5. The court does not decide however, that school directors in this State 
and other officers named in the statute, are justified in expending- the school 
funds in their charge in any other manner than that prescribed by the 
statute, but as deciding only that the pecuniary liabilities of directors and 
the other officers named in this section is limited by the terms thereof, to 
losses sustained by such fund, by reason of the failure of directors and other 
officers named, to perform the duties required of them by the provisions of 
the act of Avhich it is a part. Ibid. 

6. In order that school officers shall be pecuniarily responsible, under sec- 
tion 11, article 15 of the general school lav7, for failure to perform duties 
required by the statute, there must be a loss by the school fund, resulting 
from such omission of duty. People v. Rea, 185-633; Rea v. The People^ 
84A-504, affirmed. 

7. School directors are not personally liable for a reasonable sum of money 
expended by them for necessary water supply for the school, even thougii 
they have proceeded illegally in acting without an order of the board of di- 
rectors adopted at any meeting, since the school fund has in that case sus- 
tained no loss within the meaning of the statute, the transaction being one 
which might have been originally authorized or subsequently ratified at a. 
board meeting. Ibid. 

§ 12. No county, city, town, township, school district or other 
public corporation shall ever make any appropriation, or pay from 
any school fund whatever, anything in aid of any church or sectarian 
purpose, or to help support or sustain and school, academy, seminary, 
college, university or other literary or scientific institution controlled 
by any church or sectarian denomination whatever; nor shall any 
grant or donation of money, or other personal property, ever be made 



152 

by any such corporation to any church or for any sectarian purpose; 
and any officer or other person having under his charge or direction 
school funds or property, who shall pervert the same in the manner 
forbidden in this section, shall be liable to indictment, and upon 
conviction thereof, shall be fined in a sum not less than double the 
value of the property so perverted, and imprisoned in the county jail 
not less than one (1) nor more than twelve (12) months at the discre- 
tion of the court. 

1. The paying- of rent to a church organization for the use of a room for 
school purposes is not such an appropriation, or aid to the church, as comes 
■within the prohibition of our Constitution. Religious organizations are not 
under such legal bans that they may not deal at arm's length with the 
public in selling or leasing their property, when required for public use, in 
good faith, receiving therefor but a fair and reasonable compensation. The 
public in such case receives the full benefit of its contract, and the funds 
paid are not a gift, appropriation or aid to the church, nor paid for any sec- 
tarian purpose. Millard v. Board of Education, 19A-48,- Millard v. Board of 
Education, 121-297. 

2. The free schools are institutions provided where all children of the State 
may receive a good common school education. The schools have not been 
established to aid any sectarian denomination, or assist in disseminating any 
sectarian doctrine and no board of education or school directors have any 
authority to use the public funds for such a purpose. Billiard v. Board of 
Education, 121-297. 

3. If the district where a school has been maintained has no school house, 
and it becomes necessary for the board of education to procure a building to 
be used for school purposes, they have the right to rent of any person who 
has property suitable for school purposes. The owner of the property may 
be some religious denomination. It is not material that the building has been 
used as a church. Ibid. 

§13. No teacher. State, county, township or district school officer 
shall be interested in the sale, proceeds or profits of any book, ap- 
paratus or furniture used, or to be used in any school in this State 
with which such officer or teacher may be connected; and for olf end- 
ing against the provisions of this section such teacher, State, county, 
township or district school officer shall be liable to indictment, and 
upon conviction shall be fined in the sum not less than twenty-five 
(25) dollars nor more than five hundred (500) dollars, and may be im- 
prisoned in the county jail not less than one (1) month nor more 
than twelve (12) months, at the discretion of the court. 

§ 14. Any school officer or officers, or any other person, who shall 
exclude or aid in the exclusion from the public schools, of any child 
who is entitled to the benefits of such school, on account of such 
child's color, shall be fined, upon conviction, in any sum not less than 
five (5) dollars nor more than one hundred (J 00) dollars each, for 
every such offense. 



Article XVI. 

MISCELLANEOUS. 

Section 1. No justice of the peace, constable, clerk of any court, 
sheriff or coroner shall charge any costs in any suit where any school 
officer, school corporation or any agent of any school fund, suing for 



153 

the recovery of the same, or any interest due thereon, is plaintiff and 
shall be unsuccessful in such suit; nor where the costs can not be re- 
covered from the defendant by reason of the insolvency of such de- 
fendant. 

1. Where an action of debt is instituted in the circuit court by the trustees 
of schools on the oificial bond of a township treasurer, and where the issues 
are found for the defendant, no judgment for costs should be entered against 
the trustees of schools. Under the statute there can be no costs adjudged 
against the trustees of schools w^here they prosecute in their official capacity. 
Cassady v. Trustees of Schools, 94-589. 

2. These provisions embrace every case in which action can be brought on 
official bonds, for matters affecting the interests of the public, and they ex- 
pressly exempt the plaintiffs in such actions from the payment of costs, 
in the event they are unsuccessful. If they are not compelled to pay costs, 
the legislature certainly never intended them to give security for their pay- 
ment. Trustees of Schools v. Walters, 12-154; Trustees of Schools v. Stokes, 3A-267; 
Board of Education v. Helston, 32A-300; Board of Education v. Trustees of Schools, 
74A-401; Trustees of Schools v. Hihler, 85-409; People v. Wiltshire, 92-260; Board 
of Education v. Trustees of Schools, 174-510. 

§ 2. Any woman, married or single, of the age of twenty-one 
years and upwards, and possessing the qualifications prescribed for 
the office, shall be elegible to any office under the general or special 
school laws of this State. 

§ 3. Any women elected or appointed to any office under the pro- 
visions of this act, before she enters upon the discharge of the duties 
of the office, shall qualify and give the bond required by law (if bond 
is required), and such bond shall be binding upon her and her secur- 
ities. 

§ 4. All boards of school directors, boards of education or school 
officers, whose duty it now is, or may be hereafter to provide, in 
their respective jurisdictions, schools for the education of all children 
between the ages of six and twenty-one years, are prohibited from 
the excluding, directly or indirectly, any such child from such school 
on account of the color of such child. 

1. No child entitled to attend a certain public school can be excluded 
therefrom, directly or indirectly, by school officers, on account of its being 
colored. JPeople v. Board of Education, 101-308; People v. Boards of Education, 
127-613. 

2. No child otherwise entitled to attend a certain public school can be ex- 
cluded therefrom, directly or indirectly, by school officers or public author- 
ities on account of his being colored. People v. Mayor of Alton, 179-615. 

3. Where a board of education, created by a municipal corporation, un- 
lawfully excludes colored children from a public school, with the consent and 
approval of the city authorities and under a well understood plan to separate 
white and colored children in the public schools, mandamus will lie against 
the city authorities to compel the admission of such children. Ibid. 

4. Under the law no school district has the right to establish different 
schools for white children and colored children of said district, and to ex- 
clude the colored children from the schools established for white children, 
even though the schools established for colored children furnish educational 
facilities equal or superior to those of the schools established for v^^hite child- 
ren. People V. Mayor of Alton, 193-309; People v. McFall, 26A-319. 

5. Exclusion, w^ithout reason, of colored children from the schools to which 
their standing and residence would entitle them to admission if they were 
white children, amounts, in law, to discrimination against them on account 
of color. Ibid. 



154 

6. If the facts proved in support of a petition for mandamus to compel a 
mayor and common council to admit colored children to the public schools 
show a clear discrimination against such children, it is no defense that the 
respondents did not declare their unlawful intention or make a record of 
their illegal acts. People v. Mayor of Alton, 209-461. 

7. The free schools of the State are public institutions, and in their man- 
agement and control the law contemplates that they should be so managed 
that all children within the district, between the ages of six and 21 years, re- 
gardless of race or color, shall have equal and the same right to participate 
in the benefits to be derived therefrom. While the directors, very properly, 
have large and discretionary powers in regard to the management and con- 
trol of schools, in order to increase their usefulness, they have no power to 
make class distinctions, neither can they discriminate between scholars on 
account of their color, race or social position. Chase v. Stephenson, 71-383; 
People V. Board of Education, 127-613. 

§ 5. Any person who shall, by threats, menace or intimidation, 
prevent any child entitled to attend a public school in this State 
from attending such school shall, upon conviction, be fined in any 
sum not exceeding twenty-five (25) dollars. 

§ 6. It shall be the duty of the county treasurers, county super- 
intendents of schools, township collectors, and all other persons pay- 
ing money into the hands of township school treasurers for school 
I)urposes, on or before the 30th day of September of each year, to 
notify in writing the presidents of boards or school trustees and the 
clerks of the boards of school directors of the amount paid into the 
township treasurer's hands and the date of payment. 

§ 7. This act shall not be so construed as to repeal or change, in 
any respect, any special acts in relation to schools in cities bavins^ less 
than 100,000 inhabitants, or incorporated towns, townships or districts 
except that in every such city, town, township or district the limit 
of taxation for educational and building purposes shall be the same 
as that fixed in section one, article eight, of this act; and except that 
it shall be the duty of the several boards of education or other officers 
of any city or incorporated town, township or district, having in 
charge schools under the provision of any of said special acts, or of 
any ordinance of any city or incorporated town, on or before the 
15th day of July preceding each session of the General Assembly of 
this State, or annually, if required so to do by the State Superintend- 
ent of Public Instruction, to make out and render a statement of all 
such statistics and other information in regard to schools and the 
enumeration of persons as required to be communicated by town- 
ship boards of trustees or directors, under the provisions of this act, 
or so much thereof as may be applicable to said city or incorporated 
town, to the county superintendent of the county where such city or 
incorporated town is situated, or of the county in which the larger 
part of such city or incorporated town is situated; nor shall it be 
lawful for the county superintendent, or any other officer or person 
to pay over any portion of the common school fund to any local 
treasurer, school agent, clerk, board of education, or other officer or 
person of any township, city or incorporated town, unless a report 
of the number of persons and other statistics relative to schools, and 
a statement of such other information as is required by the board of 
trustees or of directors, as aforesaid, and of other school officers and 



155 

teachers under the provisions of this act, shall have been filed at the 
time or times aforesaid, specified in this section, with the superin- 
tendent of the proper county, as aforesaid. (As amended by act 
approved and in force March 31, 1891.) 

1. Under section 7, article 16 of the general school law, the only change 
effected in the public school provisions of special charters of the cities and 
villages is to make the limit of taxation for educational and building pur- 
poses the same as under the general school law. Cleveland, Cliicinnati & St. 
Loiiis Railwau Company v. Randlc, 183-364. 

2. The adoption of the general law for the incorporation of cities and 
villages does not abrogate provisions of special charters not inconsistent 
with provisions of the general law relating to the support and manag-ement 
of public schools. Ibid. 

3. The adoption by a city of the general law for the incorporation of cities 
and villages, which has no relation to schools, does not abrogate provisions 
in such city's former special charter for the establishment and management 
of a system of free schools, such provisions not being inconsistent with any- 
thing in the general law. Smith v. The People, 154-58. 

4. Where a special charter gives the board of education the power to 
make certain contracts, and gives it exclusive control of the funds out of 
which the payment must be made, an action should be brought against the 
board of education and not against the city. A general judgment against the 
city could not be properly rendered for a demand payable out of a particular 
fund, over which its municipal ofhcers have no control. Crane v. City of 
Urbana, 3A-559. 

5. All laws, whether in city charters or elsewhere, designed to effect 
free schools, may be regarded simply as school laws. And although they may 
require the boundary lines of cities to be adopted as lines for the formation 
of school districts, and that city officers shall perform the duties of school 
officers, yet this is for convenience only, and the districts thus to be formed, 
and the officers thus required to perform duties, are to be regarded simply 
as agencies selected by the State to provide a system of free schools. Al- 
though the limits and officers of the two corporations are the same, their pur- 
poses and objects are different, and they are, in fact, separate and distinct 
corporations. The one has its existence and is limited in the powers it may 
exercise by its chaxter, proper; the other by the school law. Speight v. The 
People, 87-595. 

§ 8. It shall be the duty of the president, principal, or other 
XDroper officer of every organized universitj'-, college, seminary, acad- 
emy or other literary institution, heretofore incorporated, or here- 
after to be incorporated in this State, to make out, or cause to be 
made out and forwarded to the office of the State Superintendent of 
Public Instruction, on or before the first day of August in each year, 
a report setting forth the amount and estimated value of real estate 
owned by the corporation, the amount of other funds and endow- 
ments, and the yearly income from all sources, the number of in- 
structors, the number of students in the different classes, the studies 
pursued and the books used, the course of instruction, the terms of 
tuition, and such other matters as may be specially requested by 
said superintendent, or as may be deemed proper by the president or 
principal of such institution to enable the Superintendent of Public 
Instruction to lay before the Legislature a fair and full exhibit of the 
affairs and conditions of said institutions, and of the educational re- 
sources of the State. 

§ 9. If judgment shall be obtained against any township board 
of trustees or school directors, the party entitled to the benefit of 



156 

such judgment niay have execution therefor, as follows, to-wit: It 
shall be lawful for the court in which such judgment shall be ob- 
tained, or to which such judgment may be removed by transcript or 
appeal from a justice of the peace, or other court, to issue thence a 
writ commanding the directors, trustees and treasurer of such town- 
ship to cause the amount thereof, with interest and costs to be paid 
to the party entitled to the benefit of such judgment, out of any 
moneys unappropriated of said township or district, or if there be no 
such moneys, out of the first moneys applicable to the payment of 
the kind of services or indebtedness for which such judgment shall 
be obtained, which shall be received for the use of such township or 
district, and to enforce obedience to such writ by attachment, or by 
mandamus, requiring such board to levy a tax for the payment of 
such judgment; and all legal processes as well as writs to enforce 
payment, shall be served either on the president or the clerk of the 
board. 

1. The supreme court has repeatedly held that this is the only mode of 
enforcing a .iudgment ag-ainst a school district. Bofkin v. Osborne, 39-101; 
Watts V. McLean, 38A-.537; Rogers v. The People, 68-1,54. 

2. In a proceeding for a tnandamus to compel the school trustees to form 
a new district, and the writ is awarded, judgment for costs should not be 
rendered against the trustees personally, but as trustees of schools of the 
township. Boone v. T/ie People, 4A-231. 

3. This section provides a complete remedy for the enforcement of all 
just claims against such bodies. A party has but to obtain his judgment, 
and, if there be money in the treasury, to obtain an order on the treasurer 
for its payment, and if there is no money applicable to its payment, then to 
obtain a writ of mandamus to compel the levy and collection of a tax for its 
payment. Board of Education Neldenberger, 78-58. 

4. The treasurer is not authorized to pay out money in his hands until 
an order drawn as required by the statute is presented, or until a court of 
competent jurisdiction shall have made an order for that purpose. Unless 
one of these things has been done, the treasurer is justified in declining to 
pay iipon the demand made by the judgment creditor, and as it is not his 
duty to comply with the demand in such cases, he cannot be subjected to the 
cost and vexation of a proceeding by mandamus. Watts v. McLean, 38A-537. 

5. The statute very clearly directs in what manner judgments against a 
board of trustees or school directors shall be paid. It is provided, that if 
judgment shall be obtained against any township board of trustees or school 
directors, the party entitled to the benefit of such judgment may have exe- 
cution therefor, but the statute must be followed. This is the only mode 
provided by law for enforcing judgments in such cases. The order for a 
general execution is therefore erroneous. Watson v. Abry, 9A-280. 

6. A board of education in a city organized under the provisions of a spec- 
ial charter, sustains the same relation, substantially, to the public schools 
of the corporation, that the board of directors sustains to the public schools 
in an ordinary school district. The powers and duties are substantially alike, 
except that the board of education possesses more power. But the board of 
education is not the owner of the property upon which the school houses are 
erected. It has no title nor estate in the property whatever. Its mem- 
bers are merely public officers in the discharge of a public trust. Thomas v. 
TJrbana School District, 71-283. 

7. A school district has to rely mainly upon taxation to raise money to 
pay its indebtedness. This is its only recourse to obtain revenue with which 
to discharge the claims against it. If, however, a judgement could be ren- 
dered against the directors, an execution issued and the property of the 



157 

district sold, as against an individual, in many cases it would be gone beyond 
the reach of the district before the necessary money could be raised by taxa- 
tion and a redemption effected. Ibid. 

8. By the enactment of this section, the Legislature provided the mode by 
which a party having a claim against a board of directors could enforce its 
collection. If one has a claim against a board of education, he must proceed 
according to the statute. He has no right to file a petition and enforce a 
specific lien by obtaining a decree of sale under the mechanic's lien law of 
the State. Ibid; Quinn v. Allen, 85-39. 

9. Under section 34 of the lien law of 1895 a sub-contractor's lien for 
labor or materials furnished for a public improvement is created by performing 
such labor or furnishing such material, and becomes perfect as to all funds 
not paid over or warrants not delivered, upon such service of the notice on 
the officials. Spaulding Lumber Company v. Brown, 171-487. 

10. An order on a school board, given by a contractor, while his claim 
was but a chose in action, to a sub-contractor for the amount due the latter 

for labor or material furnished for a school building, cannot be paid in full 
as against other sub-contractors who have served notices of their claims on 
such board, as required by section 24 of the mechanic's lien law of 1895, but 
only pro rata with the other claims. Ibid. 

11. Sureties on a contractor's bond, given by a school board to secure a 
full performance of a contract to erect a school building and as protection 
against liens thereon are not liable to sub- contractors for the amount of 
their unpaid claims against the contractor, where there is no breach of the 
bond as to the school board and the bond does not protect sub-contractors. 
Ibid. 

§ 10. Trustees of schools, school directors, members of boards of 
education, or other school officers performing like duties, shall re- 
ceive no pecuniary compensation, but they shall be exempt from road 
labor and military duty during their term of office. 

1. This language cannot be forced to bear a construction that the property 
of a school director shall be exempt from the burden of a road tax. The lan- 
guage is, that he shall be exempt from road labor. No construction or inter- 
pretation can be given to the words road labor to make them mean road tax. 
McDonald v. County of Madison, 43-22. 

§ 11. All school officers elected in pursuance of any general law 
now in force shall hold their respective offices until their successors 
are elected and qualified under the provisions of this act. 

§ 12. "An act to establish and maintain a system of free schools," 
approved April 1, 1872; "An act to protect colored children in their 
rights to attend public schools," approved March 24, 1874; "An act 
to amend section fifty (50) of an act entitled, 'An act to establish 
and maintain a system of free schools,' approved April 1, 1872, ap- 
proved March 30, 1874;" "An act to amend sections 24 and 83 of an 
act entitled, 'An act to establish and maintain a system of free 
schools,' approved April 1, 1872, approved May 23, 1877;" "An 
act to amend section 47 of 'An act to establish and maintain a system 
of free schools,' approved April 1, 1872, approved May 11, ]877;" 
"An act regulating the renting and sale of school lands," approved 
May 25, 1877; "An act to amend section 33 of an act entitled, 'An act 
to amend sections 24 and 33 of an act entitled, 'An act to establish 
and maintain a system of free schools,' approved April 1, 1872, ap- 
proved May 23, 1877, in force July 1, 1877,' approved May 31, 1879;" 
"An act to amend an act entitled, 'An act to establish and maintain 
a system of free schools,' approved A^il 1, 1872, and section forty- 



158 

seven (47) of said act as amended by an act approved May 11, 1877^ 
approved June o, 1879;" "An act to amend sections eleven (11), 
twenty-seven (27), thirty-three (33), thirty-four (34), forty-eight 
(48), fifty-three (53), fifty-four (54), fifty-seven (57) of an act en- 
titled, 'An act to establish and maintain a system of free schools,' 
approved April 1, 1872, and in force July 1, 1872, and amended 
by an act approved June 3, 1879, and in force July 1, 1879, approved 
May 31, 1881;" "An act to amend section fifty-one (51) of an act 
entitled, 'An act to establish and maintain a system of free schools,' 
approved April 1, 1872, in force July 1, 1872, and amended by an 
act approved June 3, 1879, in force July 1, 1879, approved June 
23, 1883;" "An act regulating the loan of school funds," approved 
and in force March 20, 1883; "An act to amend sections thirteen 
(13), twenty (20) and seventy-one (71) of an act entitled, 'An act to 
establish and maintain a system of free schools,' approved April 1, 
1872, and in force July 1, 1872, and amended by act approved 
June 3, 1879, approved June 26, 1885;" "An act to amend sections 
fifty-seven (57) and fifty-eight (58) of an act entitled, 'An act to es- 
tablish and maintain a system of free schools,' approved April 1, 
1872, and amended by an act approved April 1, 1872, and amended 
by an act approved June 3, 1879, and in force July 1, 1879, and 
further amended by an act approved May 31, 1881, and in force July 
1, 1881, approved June 30, 1885;" "An act to amend section (1) of 
an act entitled, 'An act regulating the renting and sale of school 
lands,' approved May 25, 1877, in force July 1, 1877, approved 
June 29, 1885;" "An act to amend section thirty-three (33) of an 
act entitled, 'An act to establish and maintain a system of free 
schools,' approved April 1, 1872, in force July 1, 1872, as amended 
by act approved May 23, 1877, in force July 1, 1877, as amended 
by an act approved June 3, 1879, in force July 1, 1879, as amended 
by an act approved May 31, 1881, in force July 1, 1881,' approved 
June 4, 1887;" "An act to provide for the election of presidents of 
boards of education in school districts," approved June 17, 1887;" 
"An act to empower trustees of schools to lay out and dedicate common 
school lands for street and highway purposes," approved June 3, 1887; 
"An act to regulate the attendance of teachers upon teachers' insti- 
tutes," approved June 14, 1878; "An act to empower township trustees 
to sell and convey right of way and depot grounds for the use of rail- 
roads crossing school lands," approved April 13, 1875;" "An act to 
regulate the payment of moneys into the hands of township school 
treasurers," approved May 30, 1881 ; and all other acts and parts of 
acts inconsistent with this act, and all general school laws in this 
State are hereby repealed. 

1. The act of 1887 providing- that in school districts acting- under special 
charters elections might be held at the time provided by the general school 
law for elections of school directors, and at such places in the district as the 
board of education might designate, was repealed by the act approved May 
21, 1889, revising the school law, and an election had thereafter under said 
act of 1837 gives no title to office. Smith v. The People, 154-58. 



159 

§ 18. Whereas, An emergency exists, requiring this act to take 
immediate effect, therefore be it enacted that this act shall take effect 
from and after its passage. 

Approved May 21, 1889. 



160 



SPECIAL CHARTEKS. 



ALTON SCHOOL DISTRICT. 

An Act to incorporate the City of Alton. 

Section 12. The common council of said city, are hereby em- 
powered and authorized to establish elementary or common schools, 
wherein reading, writing, arithmetic, geography, grammar, and other 
useful branches of English education may be taught; and for this 
purpose, the common council are authorized and empowered to pur- 
chase lots, erect school houses or buildings, and suitably to furnish 
the same, in such parts of the city as may by them be deemed the 
most convenient and beneficial to the citizens thereof: Provided., 
that not more than one house shall be erected for every seven hundred 
and fifty inhabitants, and to procure suitable teachers for the same; 
and said common council, or persons appointed by them, shall visit 
said schools quarterly, and report to the common council, at their an- 
nual meeting to be held for that purpose, the state of the morals, dis- 
cipline, and progress of learning, in said schools ; and the said common 
council are hereby empowered to assess upon the real estate of said 
city, the sum necessary to purchase lots and erect buildings necessary 
for such purpose; and to assess a tax upon personal property, sufiicient 
to raise the necessary sum of money for the support of said schools, 
which assessment shall not exceed one quarter per cent and consti- 
tute a fund exclusively for the support of common schools. The 
common council of said city are hereby empowered, by ordinance, to 
direct whatever may be necessary to be done, for successfully carry- 
ing into operation the provisions of this section. '^c^^iA .„v.,. 

Approved July 21, 1837. 

ALTON school DISTRICT AGAIN. 

An Act to amend the twelfth section of the charter of the City of Al- 
ton, establishing and regulating the public schools in said city. 

Section 1. The city of Alton is hereby enacted into a school dis- 
trict. The school land, school fund, and all other real and personal 
estate, belonging to the township number five north, of range num- 
ber ten, west of the third principal meridian, shall be divided between 
the city of Alton and the portion of the township lying without the 
limits thereof, by the trustees of schools of said township, within 



161 

three months from the passage of this act. Said division to be made 
between the said city and said township (without the city), in pro- 
portion with and according to the number of persons under the age of 
twenty-one years, residing in said city, and without said city in said 
township. 

§ 2. The common council shall have and possess all the rights, 
power and authority necessary for the proper manjagement of the 
school lands and funds, belonging to the said school district; and 
shall have power to prescribe the branches to be taught in the dif- 
ferent schools; to grade and regulate the same; to erect, hire or pur- 
chase buildings suitable for school houses and keep the same in 
repair ; to buy or lease sites for school houses with necessary grounds ; 
to furnish the schools with necessary fixtures, furniture and appar- 
atus; and to fix the amount of compensation to be allowed teachers; 
and for all these purposes, and to support and maintain schools, and 
supply the inadequacy of the school funds, the common council shall 
have power to assess a tax upon all the real and personal property in 
the city of Alton, of not exceeding a quarter of one per cent per' 
minwrn; and to enact such ordinances as may be necessary to carry 
these powers and duties into effect. 

§ 3. The school commissioner of Madison county shall, annually, 
pay to the school treasurer of the city of Alton, the proportion of 
the school, college and seminary funds, to which the said Alton 
school district may be entitled, according to the number of persons, 
under the age aforesaid, residing in said district, taking his receipt 
therefor. 

Approved February 18, 1865, 

ALTON SCHOOL DISTEICT AGAIN. 

An Act to amend an act entitled, An act to amend the twelfth sec- 
tion of the charter of the City of Alton, establishing and regulating 
the public schools in said city. 

Section 1, Be it enacted by the People of the State of Illinois, 
represented in the General Asseonbh; : That the Board of Educa- 
tion of the city of Alton shall, at the close of each school year, make 
a careful estimate of the amount necessary to pay the expenses of 
maintaining the public schools of said city for the next succeeding 
school year, and for the payment of any school bonds maturing in 
such year that have been or may be issued by order of the common 
council, for school purposes, and the interest on any and all school 
bonds that have been or may be issued in like manner for school pur- 
poses as also any arrearages or deficiencies in appropriations of for- 
mer years, and showing generally the amount required for all legiti- 
mate expenditures for school purposes. That the said Board of Ed- 
ucation shall, likewise, carefully estimate at the same time, the re- 
sources of the board for such school year, from State school fund, from 
interest on local school fund, from school tickets, and from all other 

— 1] SL 



162 

sources. The said board shall deduct the amount of estimated re- 
sources from the amount of estimated expenditures, and report to the 
common council the amount deficient, ifany, in the estimate for the 
next school year. 

§ 2. Should the Board of Education at any time neglect or refuse 
to make said estimates and report, it shall be the duty of the School 
Committee of said council to make and submit the same, in the man- 
ner required in section one of this act. 

§ 3. The common council shall levy and collect upon all the real 
and personal property in said city, an amount of school tax, each 
and every year, sufficient to make up the deficiency in the amount re- 
quired for school purposes, if any, as shall be ascertained under the 
first or second sections of this act; which tax, together with all other 
school taxes now authorized, or that may be authorized, shall be col- 
lected in money and be paid over to the school treasurer, for school 
purposes as now required by the ordinances of the city of Alton. 

§ 4. This act to take effect from and after its passage, and be 
deemed a public act; and any acts, or ijarts of acts, with which this 
may conflict, are hereby repealed. 

Approved March 29, 1869. 

ASHMOEE SCHOOL DISTEICT. 

An Act to establish the Ashmore School District, in Coles county, 

Illinois. 

Section 1. Be it enacted by the People of the State of Illinois, 
represented in the General Assembly: That section thirty (30) and 
thirty-one (31), in township thirteen (13) north, range fourteen (14) 
west of the second (2nd) principal meridian, sections thirty (30) and 
thirty-one, (31), intownship thirteen (13) north, range eleven (11) east 
of the third (3rd) principal meridian, the east half of the east half of 
section twenty-five (25) and the east half of the east half of section 
thirty-six (36), in township thirteen (13) north, range ten (10) east 
of the third principal meridian, the east half of the northeast quarter 
of section one (1), in township twelve (12) north, range ten (10) east 
of the third (3rd) principal meridian, the north half of section six (6), in 
township twelve (12) north, range eleven (11) east of third (3rd) 
principal meridian, and the north half of section six (6), in township 
twelve (12) north, range fourteen (14) west of the second principal 
meridian, in the county of Coles, and State of Illinois, is hereby made 
and constituted a permanent school district, by the name of the "Ash- 
more School District," and that no territory shall ever be taken there- 
from, except by act of the legislature. 

§ 2. That the public schools of said district shall be under the ex- 
clusive management and control of six persons, to be elected and qual- 
ified, as hereinafter specified, and known as "The Board of Educa- 
tion of Ashmore District," which board of education, and their suc- 
cessors in office, shall be a body corporate and politic, by the name 
and style aforesaid, and may have a common seal, and change the 
same at pleasure; and, as such body may contract, and be contracted 



1(33 

with, sue and be sued, plead and be impleaded, in any court o£ law or 
equity in this State; and. as such board and in such name, shall be 
the legal successors of the trustees of schools and school districts in 
the territory embraced therein; and shall be and are hereby invested, 
in their corporate capacity, with the title, care, custody and control of 
all lands, lots, school houses and buildings, school libraries, appar- 
atus, and shall receive all moneys and other property belonging or in 
any way accruing to said district, or any part thereof, for the use 
and benetit of the public schools therein, with full power to use and 
control the same in such manner as they may think will best pro- 
mote the interests of the public schools and the cause of free edu- 
cation, not inconsistent with this act; and said board shall, also, be 
capable of receiving any gift, grant, bequest or devise of real or per- 
sonal property, made for the use or benefit of public schools in said 
district; and all moneys accruing to said district for school purposes, 
under any law of this State, shall be paid over to the treasurer of 
said board of education. 

§ 3. At the regular time prescribed by the general school laws 
for the election of directors, the qualified electors of said district 
shall elect six (6) members of said board, who, with their successors 
in the office, shall compose and constitute said board of education, 
and first incorporators under this act, two of whom shall serve for 
one year, two for two years, and two for three j^ears. The time that 
each shall serve shall be designated on the ballots cast, and annually 
thereafter there shall be chosen, in the same manner, two members 
of said board, each of whom shall serve for the period of three years 
and until their successors are elected and qualified. Such intermed- 
iate vacancies as may occur in said board shall be filled by the re- 
maining acting members until the next annual election, when such 
vancancy or vacancies shall be filled by the electors of said district, 

§ 4. That said first mentioned board, within ten days after the 
taking effect of this act, shall meet and after each having taking an 
oath to properly and faithfully perform the duties of member of said 
board and to support the Constitution of the United States and the 
State of Illinois, organize by appointing one of their number presi- 
dent, and one clerk, and appointing some person, not of their num- 
ber, treasurer, but who shall be a resident of the district. That said 
treasurer shall hold his office during the pleasure of the board, and 
before entering upon the duties of said office shall give a bond, pay- 
able to said board of education of the Ashmore School District, in 
such sums, not less than double the amount which may probably be 
in his hands at any one time, and with such security as may be ap- 
proved by said board, and to be kept by them, conditioned for the 
faithful discharge of all his duties as such treasurer. And the said 
subsequent board, chosen or elected as herein provided, shall meet 
within ten (10) days after their election, and take the oath and organ- 
ize in accordance with this section, 

§ 5. The said board may hold stated meetings, at such times and 
places in said district as they may appoint, four members of said 
board, at all meetings thereof, constituting a quorum to do business, 



164 

the president to have a vote only in case of a tie ; that special meet- 
ings may be called, at any time, by the president or any other two 
members by giving one day's notice of the time and place of same: 
Provided^ that if the president of the board shall be absent from any 
such meetings a temporary president may be appointed; and said 
board may pass and enforce such by-laws, rules and regulations for 
their own government and for the government of the clerk and treas- 
urer, not inconsistent with this act, as they may deem proper; and by 
resolution, shall direct the payment of all moneys that shall come 
into the hands of the treasurer, and no money shall be paid out of the 
treasury, except in pursuance of such resolution or written order of 
the president, countersigned by the clerk. 

§ 6. All school funds, notes, bonds or obligations belonging to 
township thirteen (13) north, of range eleven (11) east, third principal 
meridian, in the county of Coles, and State of Illinois, held or owned 
for school purposes by said township, shall be divided between the 
said Ashmore School District and the portion of said township within 
the same, in the proportion and manner following, to-wit: The 
school trustees of said township, within thirty days after the taking 
effect of this act, shall appoint two commissioners, who are free- 
holders, one a resident of said district, the other a resident of said 
township within said district, who, after being duly sworn to well and 
fully discharge their duties, shall ascertain the whole number of per- 
sons under the age of twenty-one years residing in said district and 
the whole number in said township without said district; and, there- 
upon, said trustees shall divide and apportion said funds, notes,, 
bonds and obligations of said township between said district and the 
balance of said township without said district, in the proportion of 
the whole number of persons under twenty-one years of age, as each 
shall bear to the whole number in the whole township. Said trustees 
shall have power to supply vacancies occurring among said commis- 
sioners, and compensate them for such services, in such amount as 
they shall deem proper and right. 

§ 7. Said trustees or other person or persons, having control or 
custody of said funds, property, bonds or (other) obligations, shall, 
upon such divisions being made, pay over, assign, transfer and de- 
liver to the board of education of the Ashmore School District the 
portions of the funds and other personal estate, notes, bonds and ob- 
ligations, to which said district may be entitled; which fund and 
other personal estate, notes, bonds and obligations shall be and re- 
main under the full and entire control and power of said board of ed- 
ucation for the use and benefit of said district. 

§ 8. The board of education of said district is hereby required to 
make out or cause to be made out and furnished to the school super- 
intendent of said Coles county an abstract of the whole number of 
children under the age of twenty-one years, at the time and in the 
manner required by law of other school ofiicers under the general 
school law of this State; and said superintendent or other proper of- 
ficer shall pay to the treasurer of said district its proportion of the 
school, college and seminary fund, of the two mill tax, interest, fines 



165 

and other moneys or special taxes distributed according to the laws 
in force for each apportionment or distribiition, treating such dis- 
tricts for this purpose the same as a township. 

§ 9. The said board of education shall establish and maintain a 
sufficient number of free schools for the education of every person 
residing in said district, over the age of six years and under the age 
of twenty-one years; and shall make the necessary provisions for con- 
tinuing said schools in operation not less than nine months nor more 
than ten months in each year; and, for the purpose of more success- 
fully accomplishing this end, the said board shall have power: 

First. To rent, lease or purchase grounds and sites for school 
buildings. 

Second. To hire, purchase or erect a school house or houses and 
buildings, to be used for school purposes, and to keep the same in 
proper repair. 

Third. To furnish the schools in said district with all the neces- 
sary fixtures, furniture and apparatus. 

Fourth. To establish in said district as many primary schools 
and those of higher grades as said board shall deem proper, to de- 
termine the branches or studies to be taught in each department or 
grade, and to prescribe and enforce rules and regulations for admis- 
sion of the pupils into the same, and for the promotion from one 
'grade or department to another, and also to determine the text books 
and other articles to be used therein. 

Fifth. To hire and appoint all teachers of said schools, establish 
rules respecting their qualifications and how the same shall be de- 
termined; fix the amount of the salary or compensation of each 
teacher, and dismiss any teacher, at any time: Provided, that noth- 
ing herein contained shall be so construed as to supersede the neces- 
sity of every teacher first procuring a certificate from the county 
superintendent of schools, as is now required by the general laws of 
this State. 

Sixth. To appoint a committee or committees to conduct all exam- 
inations of the pupils for admission to any department or grade of 
said schools or for promotion therein, and to appoint officers or 
agents as they shall deem best or most conducive to the interest of 
said schools. 

Seventh. To have the power to suspend or expel pupils for diso- 
bedient, refractory, incorrigibly bad conduct, or for a failure to com- 
ply with all rules and regulations adopted by said board for the gov- 
ernment of said schools. 

Eighth. To have and possess all the rights, powers and authority 
necessary for the proper management of schools and school funds and 
the carrying out of the true spirit and intent of this act and that may 
be necessary to establish and perfect a good and thorough system of 
public instruction in graded free schools in said district. 

§ 10. It shall be the duty of the board of education and they shall 
have full power to determine the amount of money needed and to be 
raised for school purposes for each year, over and above the amount 
derived from the school funds heretofore enumerated or from other 
sources, and to leA^ the same, annually, on taxable property of the 



166 

district, and have it collected in the same manner as other school di- 
rectors do under the general school law; which levy or tax shall not 
in any one year, exceed three {'6) per centum of the assessed valuation 
o£ all the property in said district subject to taxation therein, 

§ 11. Said board may, also, at any time when they may deem it 
necessary, borrow any sum or sums of money, for a term not exceed- 
ing one year, and at a rate of interest not exceeding 10 pei- centum, 
per annum, to be expended for general school purposes, for purchas- 
ing school house sites and for rejoairing and improving school build- 
ings : Provided, the total emount of money so borrowed and unpaid 
at any one time shall not exceed two (2) per centum-^oi the assessed 
valuation of the real and personal property subject to taxation in 
said district. 

§ 12. That whenever said board of education shall deem it neces- 
sary to purchase or erect a school house or houses and other neces- 
sary buildings for said district, they shall have power to levy a tax 
and collect the same, from year to year, in such amounts as said board 
may deem necessary for said purposes, Said taxes are to be collected 
[the] same as other taxes for school purposes : Provided, that said 
levy shall not exceed three (3) per centum in any one year of the as- 
sessed value of the taxable property of said district. And the said 
board of education shall have power to issue bonds, which shall be 
executed by the president and clerk, in sums not less than one hun- 
dred (100) dollars each, bearing interest not exceeding 10 per centum, 
per annum, and running for such times [as] may [be] necessary. 

§ 13. All persons over the age of six (6) years and under the age 
of twenty-one (21) years, residing in said district, shall be admitted 
to said schools free, and said board shall have power to admit persons 
who do not reside in said district or who are over 21 years of age, 
into said schools, upon such terms as they may deem proper, but 
nothing herein contained shall be so construed as to prevent persons 
from being suspended, expelled or kept out of any schools altogether, 
for the reasons hereinbefore mentioned. 

§ 14. No member of the board shall receive any compensation for 
his services, but the treasurer shall receive not to exceed 2 per cen- 
tum on all moneys actually paid out, at the option of the board. 

§ 15. It shall be the duty of the president and clerk to sign all 
papers and documents of said board, and the same are hereby de- 
clared legal and binding when so signed. 

§ 16. All the acts of the school directors of district number two 
(2), in township thirteen (13) north, range eleven (11) east of third 
(3) principal meridian, in said county of Coles, and State of Illinois, 
in relation to schools, the building or repairing school houses in said 
district and the levy of the tax therefor, and the proceedings there- 
under, together with all the contracts and obligations heretofore 
entered into for school purposes by the said directors of the said dis- 
trict, are hereby legalized and confirmed and made binding upon the 
district created by this act, and shall be carried out and enforced by 
this board. 



167 

§ 17. For any neglect or failure, except through sickness of him- 
self or family, by any member or treasurer of said board of education, 
to fulfill and perform the duties required of or imposed upon him by 
any of the provisions of this act, shall be liable to a penalty of ten 
(10) dollars for each default, to be recovered by any action of debt, 
at the suit of any person who may complain, one-half of said fine to 
go to the informer, the other half to be paid to the treasurer of said 
district. 

§ 18. The treasurer shall, as often as required by the board, make 
due and full report to them, (which report shall be open to inspection 
of any citizen of said district) of the financial condition thereof, giv- 
ing the amount of money on hand and from what sources derived, the 
amount paid out since the last report, and for what purposes required, 
and such other items as the board or general school law may require. 

§ 19. All prior acts or parts of acts inconsistent with the provi- 
sions of this act are hereby repealed. 

§ 20. This act is hereby declared to be a public act, and shall take 
effect and be in force from and after its passage. 

Approved March 6, 18G9. 

BLOOMINGTON SCHOOL DISTRICT. 

An Act to establish and regulate a system of public schools in the 

city of Bloomington. 

Section 1. Be it enacted by the People of the State of Illinois^ 
represented in the General Assembly: That there shall be elected 
biennially in the city of Bloomington, by the qualified electors of said 
city, a board of education, to consist of seven members, which shall 
be denominated the board of education, and the persons so elected 
shall be residents of said city and shall hold their office for the term 
of two years and until their successors shall be elected and qualified. 
The first election for said members of the board of education shall be 
holden on the first Monday in April, A. D. 1857. and on the first 
Monday in April, biennially, thereafter; the meetings for said elec- 
tion shall be notified and called, and the poll book opened and kept, 
the votes canvassed and the returns made in the same manner as the 
election of mayor and aldermen. The seven persons having the 
highest number of votes shall be declared elected and, the city clerk, 
immediately upon the result of the election being made known by the 
proper returns, shall notify the several persons so elected of their 
election. 

§ 2. The board of education shall, within two days after the elec- 
tion, or as soon thereafter as is convenient, meet within said city; the 
time and place of meeting shall be made known to all members of 
said board in writing by any two of the persons so elected; when con- 
vened the board shall organize by electing one of their number presi- 
dent and appointing by ballot some competent person to be secretary 
of said board, who may or may not be a member of the board, and 
also appoint a treasurer. The president shall preside at all meetings 
of the board and perform all the duties of a presiding officer. The 



168 

secretary shall keep a rec®rd of the proceedings of the board in a 
book to be provided for that purpose by the board, and shall perform 
such other duties in relation to the schools in said city as shall be re- 
quired of him by the rules and regulations to be made and established 
by the board; the president, secretary and treasurer shall hold their 
offices for the term of two years, and until their successors shall be 
elected and qualified; the secretary and treasurer shall be subject to 
removal for good cause by a vote of a majority of said board, and in 
case of such removal the board shall appoint a competent person to 
fill the vacancy. The treasurer shall give bond, with good and suffi- 
cient securities, to the city of Bloomington, such bond to be approved 
by said board, in such sum as the board shall determine, but to be in 
all cases as nearly as can be ascertained in double the amount of all 
moneys that will at any one time come into his hands and conditioned 
for the performance of his duties as such treasurer, and especially 
faithfully to keep and from time to time to pay over upon the order 
of the board all moneys that he shall receive as such treasurer; 
and for any breach of the conditions of said bond, as such, shall be 
prosecuted in the name of said city against the said treasurer, under 
the direction and supervision of the said board; and all moneys real- 
ized from a judgment recovered against any treasurer for a breach of 
the conditions of his bond shall go into the treasury of the board, to 
be used as other school moneys are used. The treasurer shall keep a 
true and accurate account of all moneys received and paid out by 
him, for what purpose, upon what and whose account, but he shall 
pay out no money except upon order of the board ; for all money paid 
out he shall take and file, with the papers of his office, proper vouch- 
ers; he shall settle his accounts with the board at least once in each 
year and oftener if the board shall so require. 

§ 3. The said city of Bloomington shall be exempt from the juris- 
diction of the trustees of schools in the township in which said city 
of Bloomington is located, so far as common schools are concerned, 
and the school commissioner of McLean county shall, in the distribu- 
tion of the school funds that may come into his hands, apportion so 
much of the school fund as the city of Bloomington may be entitled 
to, upon a pro rata distribution of said funds among the several town- 
ships of said county, to the said city of Bloomington; and upon the 
filing of the bond of the treasurer of the said board of education the 
said school commissioner shall pay over to the said treasurer the 
amount due said city. All taxes levied in accordance with the pro- 
visions of this act shall be paid over by the officer collecting the same 
to the treasurer of the board of education, and upon all moneys jjass- 
ing through his hands the said treasurer shall be allowed to retain 
two per centum. If any vacancy shall occur in the board of educa- 
tion between the times of the biennial election, by death, resignation 
or removal from the limits of the city, the remaining members of the 
board shall fill said vacancy by appointment, and the person so 
appointed shall hold his office until the next biennial election for 
members of the board. The said board of education shall be capable 
of contracting and being contracted with, suing and being sued. 



169 

pleading and being impleaded in any court of law or equity in this 
state, and shall also be capable of receiving any gift, grant, donation 
or devise made for the use of the common schools in said city. 

1. Where a school treasurer is permitted to retain two per centum of all 
moneys paid out, this means for the current year. A treasurer cannot con- 
tinue from year to year to pay out the rerenues in his hands, including his 
own commission, whether as a gratuity or from ignorance of his rights in the 
premises, and then on becoming better informed as to his rights, break in on 
the revenue raised for the support of the public schools of the current year 
for back salary. Bunn v. The People, 32A-410. 

§ 4. The said board shall hold their meetings at such times and 
places as they may think proper; that any four of said board shall 
constitute a quorum; that special meetings may be called by the 
president or any two members of the board, on giving two days' notice 
of the time and x^lace of holding such meetings; but at no special 
meeting, except all the members of the board are present, shall any 
resolution, in relation to sites for school houses, or financial resolution 
or order be passed, unless the two days' notice, as aforesaid, be given 
and the subject or subjects to be acted on be specified in the notice. 

§ 5. The said board of education shall have the entire manage- 
ment and control of the common schools in said city of Bloomington, 
and of all the houses, lands and appurtenances already provided and 
set apart for common school purposes, as well as those hereafter to 
be provided for the same purposes ; and the said city of Bloomington 
shall, from and after the first Monday of April next, constitute but 
one school district; and all moneys accruing to said district for 
school purposes, under any law of the State, shall be paid over to the 
treasurer of said board of education. 

§ 6. It shall be the duty of said board of education, so soon as 
they may realize sufficient funds for the purpose, to establish, within 
the bounds of the city of Bloomington, a sufficient number of pri- 
mary, secondary and grammar schools to accommodate all the chil- 
dren of said city, and they shall also establish a city high school in 
said city, of a grade above the grammar school. To each school, in 
this system, there shall be gratuitous admission for the children, 
wards and apprentices of all the residents of the city of Bloomington, 
and of such other persons living in the immediate vicinity as may 
own property charged with a school tax, in said city of Bloomington, 
with the following restrictions, viz: no pupil shall be admitted to the 
secondary, grammar or high school who fails to sustain a thorough 
examination in the studies of the schools of the next lower grade; 
and the teachers in either school shall have power, in accordance 
with the rules and regulations of the board of education, to exclude 
pupils for misconduct or nonattendance. 

§ 7. The said board of education shall have power to make and 
enforce all necessary rules and regulations for the government of 
teachers and pupils in said schools; to employ teachers, male and 
female, from among those who have received a certificate from the 
city examiners, and pay them a suitable compensation; to purchase 
all necessary books and apparatus ; to select sites for school houses 
and superintend the building of the same, upon their own plan, and 



170 

to pay for the lands and houses and furniture, as well as the other 
expenses of said school system, from the public moneys in the hands 
of the treasurer of said board. 

§ 8. The said board of education, within thirty days after their 
organization, shall report to the city council of the city of Blooming- 
ton the number and description of the buildings necessary for the 
purposes of common schools in said city, which report shall be in 
writing and shall specify the amount of money necessary to be raised 
to meet the expenses of erecting such buildings, and said board shall 
also specify in said report the amount of money necessary to be raised 
in addition 'to the money accruing to said city under the general 
school law of this State, to defray all the other expenses of said school 
system during the current year; and thereupon said city council shall 
proceed to levy a tax sufficient to meet such experiseSSjf^uiiding and 
repairing school houses and the expenses attendant upon the main- 
tenance of said free schools in said city during the whole year, cus- 
tomary vacations only excepted, said tax to be levied and collected as 
other taxes of said city are or may be collected: Provided, that said 
additional tax shall not exceed in any one year five mills on the dollar 
of the taxable i^roperty of said city ; and it shall be the duty of said 
board, on or before the first Monday of April, in every year there- 
after, to make a report in writing to the city council of all moneys 
received, how and for what purpose expended, with the proper vouch- 
ers, and give such other information in relatiQiL-.ta— eaid" Sx^hools as 
they may deem important, specifying in said annual report the 
amount of money necessary to be raised by taxation to defray the 
expenses of said school system, and the city council shall annually, 
upon the coming in of such report and within thirty days thereafter, 
proceed to levy a tax sufficient to meet such expenses, to be levied 
and collected as the other taxes of said city: Provided, said tax shall 
not exceed five mills on the dollar of the taxable property of said 
city; and the said city council shall cause all such reports of the 
board of education to be published, or so much thereof as they may 
deem necessary, the reports being left with the mayor of the city 
open to public inspection. 

§ 9. All legal titles to lands and houses and other property used 
for common school purposes in said city of Bloomington shall vest in 
said board of education, at the taking effect of this act, and all titles 
acquired thereafter shall be in the name of said board of education ; and 
said board of education shall have power to sell, lease and convey 
any and all of the lands and tenements held under and by virtue of 
this act and to purchase other lands and tenements in more eligible 
positions. 

§ 10. The said board of education shall immediately upon their 
election, as hereinbefore provided, appoint three competent persons 
to serve as school examiners of said city, all of whom shall be citizens 
of Bloomington, to serve for two years, one of whom they shall desig- 
nate as city school superintendent; and it shall be his duty to visit, 
inspect and exercise a general control over said system of schools, 
subject to the direction of said board, and be compensated for his 
seryices as said board may from time to time determine ; and, bien- 



171 

nially thereafter, said board shall appoint three competent persons to 
act as school examiners for said city; the said examiners, or any two 
of them, shall examine such persons as shall apply for that purpose, 
and if they find the applicant qualified to teach they shall give him 
or her a certificate, naming the branches he or she is found qualified 
to teach, showing that they have inquired into his or her character 
and believe it to be moral and good, and that he or she is qualified to 
to govern and teach. The said examiners shall also recommend suit- 
able text-books to be adopted by the said board of education for the 
use of schools, and semi-annually re^jort the condition of said schools 
to the city council, the publication of which shall be at th^discretion 
of the said council, "~~ 

§ 11. Annually, at such time as the board shall appoint, public 
examinations of all the schools shall be had under the direction of 
the board of education and the examiners. 

§ 12. So much of the general school law, and so much of all other 
laws of this State, general or local, as may be inconsistent with this 
act are repealed as to the said city of Bloomington. 

§ 13. This act shall take effect from and after its i^assage. 

Approved Feb. 16, 1857. 

BLOOMINGTON SCHOOL DISTEICT AGAIN. 

An Act to provide amendments to the Bloomington School Law. 

Section 1. Be it enacted by the People of the State of Illinois, 
represented in the General Assembly : That the act entitled "An act 
to establish and regulate a system of public schools in the city of 
Bloomington," approved Feb. 16, 1857, be and the same is hereby 
amended as follows, to- wit: the words, "and of such other persons 
living in the immediate vicinity as may own property charged with a 
school tax in said city of Bloomington," in the sixth section of said 
act, are stricken out. Also, in the eighth section of said act the word 
" five," in both places where it occurs before the word " mills," shall 
be and is hereby changed to " ten," so that it shall read in both places 
ten mills on the dollar of the taxable property of said city, instead of 
" five " mills. 

§ 2. That the tenth section of said act be and is hereby so amended 
that the said board of education are hereby authorized to choose the 
"examiners" provided for in said section, one or all of them, from 
the members of said board. 

§ 3. That hereafter all elections under said school law shall be 
held at one place, to- wit: at the court house in said city of Blooming- 
ton, instead of in the several wards as heretofore. 

§ 4. That the said board of education are hereby authorized to 
borrow money upon the signature of its president and secretary (hav- 
ing been previously authorized to do so by the board at one of its 
legal meetings), at a rate of interest not to exceed ten per cent, per 
annum, for the purpose of purchasing sites, building and repairing 
school houses, or furnishing the same, to an amount not to exceed for 



172 

any one loan, one-half of the probable sum to be realized from the 
taxes of the succeeding year, to be paid out of said taxes when col- 
lected in all cases. 

§ 5. These amendments shall take effect and be in force from and 
after their approval by the legal voters of said city at the regular 
election for the members of the board of education, in April next 
(1865), at which election the question shall be submitted in the fol- 
lowing manner: ballots shall be prepared " for the amendments to the 
school law," and " against the amendments to the school law; " and if 
more votes shall be cast for than against said amendments, then said 
amendments shall from that date be and become a part of the school 
law of said city of Bloomington. But if more votes shall be cast 
against than for said amendments, then said amendments shall not 
become a portion of said school law. 

Appeoved Feb. 16, 1865. 

BLOOMINGTON SCHOOL DISTEICT AGAIN. 

An Act to amend an act entitled " An act to establish and regulate a 
system of public schools in the city of Bloomington,''^ approved 
Feb. 16, 1857. 

Section 1. Be it enacted by the People of the State of Illinois, 
represented in the General Assembly : That the act entitled " An act 
to establish and regulate a system of public schools in the city of 
Bloomington," be and the same is hereby amended as follows: 

§ 2. That in addition to the power and authority vested in the 
board of education of the city of Bloomington, by the act to which 
this is an amendment, and the former amendment thereto, and for the 
purpose of enabling said board to purchase proper sites for school 
houses, to erect suitable buildings thereon, and to finish and furnish 
all of their school houses in a proper manner, the said board of edu- 
cation shall have the power to and they are hereby vested with the 
authority following: 

§ 8. To issue bonds of such denominations and in such sums as 
they may deem proper, not to exceed, in the aggregate, the sum of 
one hundred thousand dollars, bearing interest, payable annually or 
semi-annually, at a rate not to exceed ten per cent per annum; said 
bonds to be made payable not less than five years nor more than 
twenty years from their dates, respectively, and not to exceed ten 
thousand dollars of said bonds shall be made payable or fall due in 
any one year. 

§ 4. That each and all of said bonds so to be issued as aforesaid, 
shall be made payable to the order of some particular person therein 
set forth and named, and shall be executed by the said board of edu- 
cation, under their seal, by and through their president and secre- 
tary, and shall also be countersigned by the treasurer of said board, 
and it shall also be the duty of said secretary and treasurer each to 
keep in a book provided for that purpose, an accurate list of all bonds 
so issued, with a full description thereof. 



173 

§ 5. On any year hereafter, when the principal of any series of 
such bonds shall fall due, or on any year when the interest upon said 
bonds shall accrue to a larger amount than there shall be funds in the 
hands of the treasurer of said board to pay from the present tax now 
authorized to be levied by law, the said board of education shall, in 
their annual report preceding the falling due of said bonds, or the 
accruing of said interest (as j)rovided for in section eight of the act 
of which this is [an] amendment) certify to the city council of said 
city the amount so to fall due and become payable by the maturity of 
said bonds, or the accruing of said interest, in addition to the other 
expenses, and moneys to be raised by tax, and reported to said coun- 
cil, as provided in said section eight of said original act, and the said 
city council shall thereupon levy a tax sufficient to meet the amount 
so to fall due by the maturity of said bonds, or the accruing of said 
interest, in addition to the amount now authorized by said original 
act and an amendment thereto, to be levied and collected: Provided, 
that the additional tax authorized to be levied and collected by this 
act shall not exceed, in any one year, one [per] cent on the dollar of 
all taxable property of said city, and the said additional tax shall be 
collected, paid over, and treated in all respects in the same manner as 
other taxes levied for school purposes by said city, as provided for in 
said original act and the said amendment thereto. 

§ 6. All the real estate, buildings and projjerty of said board of 
education in said city shall be liable for the joayment of said bonds 
and the interest thereon, and the said bonds shall be and become a 
lien u]3on said real estate from their date, and in the order in which 
the same are issued, and shall so remain until the full payment thereof. 

§ 7. This act shall take effect and be in force from and after its 
passage. 

Appeoved Feb. 22, 1867. 

BLOOMINGTON SCHOOL DISTEICT AGAIN. 

An Act io amend an act entitled ^^An act to establish and regulate 
a system of public schools in the city of Bloomingtoti,^'' approved 
Feb. 22, 1857, and amendments thereto. 

Section 1. Be it enacted by the People of the State of Illinois, 
represe^ited in the General Assembly : That an act entitled "An act 
to establish and regulate a system of public schools in the city of 
Bloomington," approved Feb. 22, 1857, and amendments thereto, be 
and the same is hereby amended as follows, to- wit: That the board of 
education of the city of Bloomington shall, at their first meeting after 
the election to be holden on the first Monday of April, A. D. 1869, 
draw lots for their respective terms of office — two to serve one year, 
two to serve two years, and three to serve three years, and until their 
successors in office are elected and qualified. And hereafter, elections 
shall be held annually, on the first Monday of April, to fill all 
vacancies: Provided, if any A^acancies shall occur in the said board of 
education between the times of the said annual elections, the remain- 
ing members of said board of education shall fill said vacancies by 



174 

appointment; and the person or persons so appointed shall hold said 
office until the next annual election for members of said board: And, 
'provided, also, that all school elections in the city of Bloomington 
shall be exempt from all the registry laws of the State. 

§ 2. That the second section of said act be and is hereby so 
amended that the clause, " by any two persons so elected," shall read, 
" by the secretary of the board;" and also, the clause, "for the term 
of two years," be so amended as to read, " for the term of one year; " 
also, section ten (10) of the same act be so amended that the clause, 
" to serve two years, one of whom they shall designate city superin- 
tendent," as to read, " to serve for the term of one year, and shall 
have power to elect a city superintendent (who shall be a member of 
the commJttee of school examiners), at such time and in such manner 
as shall be fixed by the rules and regulations of the board, and it 
shall be his duty to visit," etc., as provided in said act. 

§ 3.^ That the said board of education shall have power, when, in 
their judgment, more money is required than is now provided for in 
said act, and amendments thereto, by taxation or otherwise, to build 
additional school buildings, to purchase grounds, or to make addi- 
tional improvements on buildings, grounds or furniture, to call a 
school election of the qualified voters of the city of Bloomington, by 
giving twenty days' notice, to vote whether the board of education 
shall be authorized to issue and sell additional bonds, or be empow- 
ered to levy additional taxes, for said purposes; and said notice shall 
specify the amount of bonds to be issued or tax to be assessed, and 
the purposes for which they are to be used; and if a majority of the 
votes cast at such election shall be in favor of issuing such additional 
bonds or levying such additional taxes, then it shall be lawful for 
said board of education to execute said bonds, in the same manner as 
provided in said act, or levy said tax, and use the amount of money 
so voted on [the] same conditions and in the same manner as author- 
ized by amendment to the school law, approved Feb. 22, 1867: Pro- 
vided, that the amount of additional indebtedness, by bonds so voted, 
shall at no time exceed the sum of one hundred thousand dollars, nor 
shall the taxes so voted exceed in any one year one per cent of all 
the taxable property of said city, in addition to that which is now 
authorized by said act, and amendments thereto. 

§ 4. All acts or parts of acts in conflict with the provisions of this 
amendment are hereby repealed. 

§ 5. This act shall take effect and be in force from and after its 
passage. 

Appeoved March 31, 1869. 

CANTON UNION SCHOOL DISTEICT. 

An Act to establish Canton Union District School, and a graded 
school therein; also, to provide for building additional school 
houses therein, to levy and collect special taxes, to issue bonds, 
and borrow money. 



175 

Section 1. Be it enacted by the People of the State of Illinois, 
represented in the General Assembly: That section twenty-six (26), 
twenty-seven (27), twenty-eight (28), twenty-nine (29), thirty (30), 
thirty-one (81), thirty-two (32), thirty-three (33), thirty four (34), 
thirty-five (35), and the south halves of section twenty-two (22) and 
twenty-three (23), all in township seven (7) North of the base line, in 
range four (4) East of the fourth principal meridian, in the county 
of Fulton, and State of Illinois, shall constitute one school district, 
to be known as "Canton Union School District," and shall have all the 
rights and privileges and be governed by the same laws as other 
school districts in this State, except as herein otherwise provided. 

§ 2. The public schools of said district shall be under the exclu- 
sive management and control of a board of education, consisting of 
five persons, who shall be styled and known as the " Board of Educa- 
tion of Canton Union School District." That an election shall be 
held in said school district on the first Monday of August next, by 
the qualified voters of said district, in the same manner as elections 
are now held for school directors; at which election they shall elect 
the members of the board of education, one of whom shall hold ofiice 
for one year, one for two years, one for three years, one for four years, 
and one for five years, to be determined by choice or lot, at their first 
meeting; but at each subsequent annual election, on the first Monday 
of August, in each year, one member of said board of education shall 
be elected, who shall hold his office for five years and until his suc- 
cessor is elected and qualified. Said board of education, in addition 
to the powers and duties created by this act, shall exercise all the 
powers and perform all the duties required of school directors by the 
laws of this State. 

§ 3. Said board of education shall have full power to purchase or 
lease sites for school houses, with the necessary grounds therefor; to 
build and erect, hire, lease or purchase biiiidings and houses for 
school purposes, and keep them in repair; to furnish schools with 
necessary books, fixtures, furniture, apparatus and library and librar- 
ies; to establish, conduct and maintain a system of public graded 
schools, to be kept in one or more buildings in said district; to supply 
the insufficiency of school funds for the payment of teachers and 
other school purposes and expenses, by school taxes, as hereinafter 
provided; to determine the number, make the appointment, and fix 
the compensation of teachers, superintendents in said district and of 
all other agents, servants and employes; to determine the number of 
months schools shall be kept in each year in said district, which shall 
not be less than six months ; to prescribe the studies to be taught 
and books to be used in said schools, including maps, charts, globes, 
etc. ; to lay off and divide said district into small districts, and to alter 
the same or erect new ones, at pleasure; to pass by-laws, rules and 
regulations, to carry these powers into complete execution, and for 
the government of their own body, their officers, agents and servants, 
and providing for their meetings and adjournments; and, generally, 
to have and possess all the rights, powers and authority necessary for 



176 

the proper establishment and control of an effective system of graded 
schools within said district ; and they shall visit each and all of the 
schools therein as often as necessary. 

§ 4, It shall be the duty of the board of education, and they shall 
have full power, to determine the amount of money needed and to be 
raised for school purposes, over and above the amount due from the 
State fund, as hereinafter mentioned, and from other sources: Pro- 
vided, that said board shall not, for any year, require more than two 
dollars on each one hundred dollars' worth of property in said dis- 
trict — and that they shall determine the amount required to be col- 
lected by taxation, for school purposes, in each year, and certify 
the same to the county clerk of the county, in the same manner as 
school directors are required to do by the laws of the State; and it 
shall be the duty of the county clerk to extend the same on the tax 
books as he is required by law to do for other school districts. 

§ 5. The said school district now is and shall hereafter be enti- 
tled to draw from the school funds to be distributed to the township 
out of which said Canton Union School District is or may be formed, 
a distributive share of the State funds, for school purposes, according 
to the same rule of distribution now existing or hereafter to be pro- 
vided by State laws as to other school districts. 

§ 6. That the board of education aforesaid shall have power, and 
are hereby authorized, for the purpose of carrying out the provisions 
of this act, in order to build and furnish the necessary school houses, 
to borrow money on the credit of said district, as now existing or 
hereafter to be enlarged, as provided in this act, at a rate of interest 
not exceeding ten per centum, per annum, payable annually, and may 
therefor execute bonds, with coupons attached, in such sums as the 
said board may decide, not less than fifty dollars each, which bonds 
shall be redeemable within twenty years. 

§ 7. In addition to the taxes necessary for the support of schools 
in said district, as now required by law, the said board shall certify, 
in like manner, and at the same time, the amount of tax necessary to 
be collected each year, not exceeding the amount of one and one-half 
dollars on each one hundred dollars' worth of property in said dis- 
trict, for purchasing sites, for building school houses and repairing 
the same, and paying interest on bonds of the district and redeeming 
the same; which tax shall be extended by the county clerk and col- 
lected and paid over to the said board in the same manner as is now 
provided by law. 

§ 8. That all school funds for said district shall, by each and every 
collector thereof or other person receiving the same, be paid to the 
treasurer of said school district; and all money from the sale of bonds 
shall also be paid over to the treasurer of said district. 

§ 9. That a treasurer of said district shall be appointed by a vote 
of said board of education, who shall annually appoint said treasurer; 
and the term of the office of said treasurer shall continue until his 
successor is elected and qualified. Said treasurer shall, after each 
appointment and as often as requested by said board, execute a bond, 
with two or more free-holders as sureties, to be approved by said 



177 

board of education, and their approval entered on their records; which 
bonds shall be payable, for the use of said district, and the amount 
and conditions of said bonds shall be such as may be prescribed by 
said board, not inconsistent with this law. Said board shall also fix 
the compensation or commission of the treasurer. 

§ 10. It shall be the duty of said treasurer to receive and pay 
over all money of said district, on the order of said board of educa- 
tion, and to make a statement from books and accounts to be kept by 
him, whenever requested by said board; and he shall be liable to all 
the penalties now imposed by law on township treasurers. 

§ 11. That said board of education may, in their discretion, en- 
large said school district and annex thereto any contiguous territory, 
upon petition, in writing, of the owner or owners, occupier or occupiers 
of the land prayed to be annexed thereto; and all the provisions of 
laws as to the original district shall apply to such enlargement of said 
district. Said district shall not be reduced or any of its territory be 
taken therefrom, except by act of the Legislature. 

§ 12. Said board shall have full power to admit persons over age 
or who do not reside within said district into said schools, upon such 
terms as they may think proper. 

§ 13. Said board shall have full power and authority to suspend, 
expel or keep out of said school altogether any pupils or persons, for 
incorrigibly bad conduct or on account of said persons being afflicted 
with any infectious or contagious disease. 

§ 14. Said board shall appoint one of their number president of 
the board, who shall hold his office for one year and until his suc- 
cessor is elected and qualified; and they may appoint a clerk of their 
board, which person need not be a member of said board; and they 
may appoint such other officers as they may deem necessary, and 
prescribe the duties of the same by by-laws. 

§ 15. Said board of education shall have full power to fix the 
commencement and ending of the terms of schools in said district, 
and make all rules and regulations for the government of said schools 
and the control of teachers and pupils, as are not inconsistent with 
the existing school laws of the State of Illinois. 

§ 16. That the school directors of district number six, in township 
seven North of the base line, in range four east of the fourth principal 
meridian, in the county of Fulton and State of Illinois, be and they 
are hereby constituted the said board of education for said Canton 
Union School District until said board of education for said district 
shall be elected and qualified, as provided and required by this act; 
and that the directors aforesaid shall have the powers and perform 
the duties of said board of education until said successors are elected 
and qualified. 

§ 17. That notice for election for members of the said board of 
education for said district shall be the same and the elections con- 
ducted as elections for school directors are now required by laws of 
this State. The said school directors of said school district number 

—12 SL 



178 

six shall act as the judges of the first election for members of the said 
board of education; and at all elections thereafter the said board of 
education shall appoint the judges and clerks of said elections: 
Provided, that nothing herein contained shall prevent any member 
of the said board from acting as judge or clerk at said election. 

§ 18. This act is hereby declared to be a public act, and shall be 
in force from and after its passage. 

Appeoved March 29, 1869. 

CAELINVILLE SCHOOL DISTEICT. 

An Act to incorporate the town of Carlinville. 

Section 21. The common council shall have jurisdiction of 
common schools in said city, and shall have power to assess and 
provide for the collection of taxes for the erection of school houses, 
the support of schools, furnishing and repairing school houses, the 
employment of teachers, and the payment of the same. 

Appeoved February 16, 1865. 

CHAELESTON UNION SCHOOL DISTEICT. 

An Act to establish and form the Charleston Union School District. 

Section 1. Be it enacted by the People of the State of Illinois, 
represented in the General Assembly: That all that district of 
country embraced within the following boundaries, to- wit: Sections 
one, (1), two, (2), three, (3), ten, (10), eleven, (11), twelve, (12), thir- 
teen, (13), fourteen, (14) and fifteen, (15), in township twelve (12) 
North, range nine (9) East, in the county of Coles, and State of Illi- 
nois, is hereby made and constituted a permanent school district, by 
the name of "The Charleston Union School District;" and that no 
territory shall ever be taken therefrom, except by act of the Legisla- 
ture. 

§ 2. That the public schools of said district shall be under the 
exclusive management and control of six persons, to be elected and 
qualified as hereinafter specified, and known as "The Board of Edu- 
cation of Charleston Union School District;" which board of educa- 
tion, and their successors in oifice, shall be a body corporate and 
politic, by the name and style aforesaid, and may have a common 
seal, and change the same at pleasure; and, as such board, may con- 
tract and be contracted with, sue and be sued, plead and be impleaded, 
in any court of law or equity in this State ; and, as such board, and in 
such name, shall be the legal successors of the trustees of schools and 
school directors in the territory embraced herein, and shall be and are 
hereby invested, in their corporate capacity, with the title, care and 
custody and control of all lands, lots, school houses and buildings, 
school libraries and apparatus, and shall receive all moneys and other 
property belonging or in any way accruing to said district, or to any 
part thereof, for the use and benefit of public schools therein, with 
full power to use and control the same in such manner as they may 



179 

think will best promote the interests of public schools and the cause 
of free education, not inconsistent with this act; and said board shall 
also be capable of receiving any gift, grant, bequest or devise of real 
or personal jDroperty, made for the use or benefit of public schools in 
said district ; and all moneys accruing to said district for school pur- 
poses, under any law of this State, shall be paid over to the treasurer 
of said board of education. 

§ 3. That, for the purposes of organization, the following persons, 
viz: M. C. McLain, Eli Wiley, W. L. Terrill, Isaac Winter, William 
W. Fisher and Simeon H. Nesbit shall be and are hereby made and 
constituted a board of education for said district, until the next regu- 
lar time of holding elections for school directors established bj^ the 
general school law of this State, and until their successors are elected 
and qualified; at which time the qualified electors of said district 
shall, upon the usual notice being given, elect six (6) members of said 
board, who, with their successors in oflice, shall compose and consti- 
tute said board of education, and first incorporators under this act, 
two of whom shall serve for one year, two for two years, and two for 
three years. The time that each shall serve shall be designated on 
the ballots cast, and annually thereafter there shall be chosen, in the 
same manner, two members of said board, each of whom shall serve 
for the period of three years, and until their successors are elected 
and qualified. Such intermediate vacancies as may occur in said 
board shall be filled by the remaining acting members, until the next 
annual election, when such vacancy or vacancies shall be filled by the 
electors of said district. 

§ 4. That said first-mentioned board, within ten days after the 
taking effect of this act, shall meet, and, after having each taken an 
oath to properly and faithfully perform the duties of member of said 
school board, and to support the Constitution of the United States, 
and State of IJlinois, organize by appointing one of their number 
president, and one clerk, and appointing some XDerson not of their 
number treasurer, but who shall be a resident of the district. That 
said treasurer shall hold his office during the pleasure of the board, 
and, before entering upon the duties of such office, shall give a bond, 
payable to the said board of education of the Charleston Union 
School District, in such sum, not less than double the amount which 
may probably be in his hands at any one time, and with such security 
as may be approved by said board, and to be kept by them, condi- 
tioned for the faithful discharge of all his duties as such treasurer; 
and the said subsequent board, chosen or elected as herein provided, 
shall meet within ten (10) days after their election, and take the oath, 
and organize in accordance with this section. 

§ 5. That said board may hold stated meetings at such times and 
places, in said district, as they may appoint; four members of said 
board, at all meetings thereof, constituting a quorum to do business; 
the iDresident having a vote only in case of a tie; that special meetings 
may be called at any time, by the president or any two members, by 
giving one day's notice of the time and place of the same : Provided, 
that if the president of the board shall be absent from any such 



180 

meetings, a temporary president may be appointed; and said board 
may pass and enforce such by-laws, rules and regulations for tbeir 
own government, and for the government of the clerk and treasurer, 
not inconsistent with this act, as they may deem proper; and, by 
resolution, shall direct the payment of all moneys that shall come 
into the hands of the treasurer; and no money shall be paid out of 
the treasury, except in pursuance of such resolution, and on written 
order of the president, countersigned by the clerk. 

§ 6. All school lands, school funds and other real or personal 
estate, notes, bonds or obligations, belonging to township number 
twelve (12) North, of range number nine (9) East of the third prin- 
cipal meridian, in the county of Coles, and State of Illinois, held or 
owned for school purposes by said township, shall be divided between 
the said Charleston Union School District, and the portion of the 
said township without the same, in the proportion and manner 
following, to- wit: The school trustees of said township shall, within 
thirty days after the taking effect of this act, appoint two commiss- 
ioners who are freeholders, one a resident of said district, the other a 
resident of said township, without said district, who, after being duly 
sworn to well and truly discharge their duties, shall ascertain the 
whole number of persons under the age of 21 years, residing in the 
whole of said district, and the whole number in said township 
without said district, and the whole number within said township; 
and thereupon said trustees shall divide and apportion said funds, 
real and personal estate, notes, bonds and obligations of said town- 
ship between the said district and the balance of said township with- 
out said district, in the proportion of the whole number of persons 
under twenty-one years of age in each shall bear to the number in 
the whole of said township. Said trustees shall have power to supply 
any vacancies occurring among said commissioners, and compensate 
them for such services, in such amount as they shall deem proper 
and right. 

§ 7. Said trustees, or other person or persons, having control or 
custody of said funds, property, bonds or obligations, shall, upon such 
divisions being made, pay over, assign, transfer and deliver to the 
board of education of Charleston Union School District, the portions 
of the funds and other personal estate, notes, bonds and obligations, 
to which said school district may be entitled, and execute and deliver 
to said board of education the necessary deeds and other conveyances 
for the share of the real estate due said district under such divisions; 
which funds and other personal and real estate, notes, bonds and 
obligations, shall be and remain under the full and entire control and 
power of the said board of education, for the use and benefit of said 
district, subject only to the provisions of the general school law of 
this State, defining the powers and duties of school trustees. 

§ 8. The board of education of such district is hereby required to 
make out, or cause to be made out, and furnished to the superinten- 
dent of Coles county, an abstract of the whole number of white 
children under the age of 21 years, at the time and in the manner 
required by law of other school officers, under the general school 



181 

law of this State; and said superintendent, or other proper officer, 
shall pay to the treasurer of said district, its proportion of the school, 
college and seminary fund, of the two mill tax, interest, fines and 
other monyes and special taxes, distributed according to the laws in 
force, for each apportionment or distribution, treating such district, 
for this purpose, the same as a township. 

§ 9. The said board of education shall establish and maintain a 
sufficient number of free schools for the education of every person 
residing in said district, over the age of 6 years and under the age of 
21 years ; and shall make the necessary provisions for continuing said 
schools in operation not less than eight months nor more than ten 
months in each year; and for the purpose of more successfully accom- 
plishing this end, the said board shall have power: 

First — To rent, lease or purchase grounds and sites for school 
buildings. 

Second — To hire, purchase or erect, in accordance with the provi- 
sions of this act, houses and buildings to be used for school purposes, 
and to keep the same in proper repair. 

Third — To furnish the schools in said district with all the neces- 
sary fixtures, furniture and apparatus. 

Fourth — To establish in said district as many primary schools and 
those of higher grades, as said board shall deem proper; to determine 
the branches or studies to be taught in each department or grade, and 
to prescribe and enforce rules and regulations for the admission of 
pupils into the same, and for the promotion from one grade or depart- 
ment to another; and also to determine the text books and other ar- 
ticles to be used therein. 

Fifth — To hire and appoint all the teachers of said schools, estab- 
lish rules respecting their qualifications, and how the same shall be 
determined; fix the amount of the salary or compensation of each 
teacher, and may dismiss any teacher at any time: Provided, that 
nothing herein contained shall be so construed as to supersede the 
necessity of every teacher first procuring a certificate from the county 
superintendent of common schools, as is now required by the general 
school law of this State. 

Sixth — To lay off and sub-divide said district into as many sub- 
divisions for school purposes, as circumstances and the interests of 
schools therein may be thought to require, and from time to time to 
change the same, or create new ones. 

Seventh — To appoint three persons whose duty it shall be to con- 
duct all examinations of pupils for admission to any department or 
grade of said schools, or for promotion therein, and to appoint other 
officers, committees or agents, as they shall deem best or most con- 
ducive to the interests of said schools. 

Eighth — To have the power to suspend or expel pupils for diso- 
bedient, refractory, incorrigibly bad conduct, or for a failure to com- 
ply with all the rules and regulations adopted by said board for the 
scovernment of said schools. 



182 

Ninth — To have and possess all the rights, power and authority 
necessary for the proper management of schools and school funds, and 
the carrying out the true spirit and intent of this act, and that may 
be necessary to establish and perfect a good and thorough system of 
public instruction in graded free schools in said district. 

§ 10. The said board, in addition to the powers now given by law 
to school directors, and the powers herein granted, shall possess all 
powers and privileges of trustees of townships for school purposes ; 
and shall be recognized and regarded by the school superintendent, 
county clerk, and all other officers of this State, as possessing all the 
powers, privi-leges and rights of trustees of congressional townships 
of this State, and are hereby required to perform for said district all 
the duties of such trustees, as well as those of directors, not inconsis- 
tent with this act. 

§ 11. It shall be the duty of the board of education, and they 
shall have full power to determine the amount of money needed and 
to be raised for school purposes for each year, over and above the 
amount derived from the school funds heretofore enumerated, or from 
other sources, and to levy the same annually on the taxable property 
of the district, and to have it collected in the same manner as other 
school directors do, under the general school law; which levy or tax 
shall not in any one year, exceed 2 per centum of the assessed valua- 
tion of all the property in the district subject to taxation therein. 

§ 12. Said board may also at any time when they may deem it 
necessary, borrow any sum or sums of money, for a time not exceed- 
ing one year, and at a rate of interest not exceeding 10 per centum 
per annum., to be expended for general school purposes, for purchas- 
ing school house sites, and for repairing and improving school build- 
ings: Provided, that the total amount of moneys so borrowed and 
unpaid at any one time shall not exceed 1 per centum of the assessed 
valuation of the real and personal property subject to taxation in said 
district. 

§ 13. That whenever said board of education shall deem it neces- 
sary to purchase or erect a school house or school houses, and other 
necessary buildings, for this said district, they shall call a meeting of 
the legal voters in said district, by giving at least ten (10) days' 
notice of the time and place and object of said meeting, by posting 
up, or causing to be posted up, at least three written or printed 
notices, in three of the most public places in said district; and the 
president of said board, or in his absence, one of the other members 
shall act as chairman of said meeting, and after appointing some one 
of their number clerk, may determine by a majority vote upon the 
erection of a school house or school houses, and other buildings, and 
the amount of money to be raised for that purpose, and the time or 
times when the same shall be paid, Vi'hich moneys, so voted, shall be 
levied by said board, and collected from year to year, in such amounts 
each year as shall have been determined by said meeting, the same as 
other taxes are collected for school purposes: Provided, that said 
levy shall not exceed for any one year 3 per centum of the assessed 
value of the taxable property of said district; and the said board of 



183 

education, for the purpose of raising the money so voted, may issue 
bonds, which shall be executed by the president and clerk, in sums 
of not less than $100.00 each, bearing interest not exceeding 10 per 
centum per annum, and running for such time as may be necessary, 

§ 14. All persons over the age of six (6) years and under the age 
of twenty-one (21) years, shall be admitted into said schools free: 
Provided, said board may, at their option, have power to charge and 
collect a reasonable tuition fee from each pupil that pursues the 
study of any other language therein than the English or German; 
and said board shall have power to admit persons who do not reside 
in said district, or who are over 21 years of age, into said schools, 
upon such terms as they may deem proper; but nothing herein con- 
tained shall be so construed as to prevent persons from being sus- 
pended, expelled, or kept out of such schools altogether, for the 
reasons hereinbefore mentioned. 

§ 15. Neither the treasurer nor any member of the board shall 
receive any compensation for his attendance at the meetings of the 
same, nor for the performance of its ordinary duties, but for extraor- 
dinary services reasonable compensation may be allowed, the board 
to determine what are extraordinary services, and what is reasonable 
compensation therefor. 

§ 16. It shall be the duty of the president and clerk to sign all 
papers and documents of said board, and the same are hereby declared 
legal and binding when so signed. 

§ 17. All the acts of the school directors of districts number one 
(1) and five (5), in township twelve (12) North, range nine (9) East, 
in said county of Coles, and State of Illinois, in relation to schools, 
the building or repairing of school houses in either of said districts, 
and the levy of tax therefor, and all the proceedings thereunder, 
together with all the contracts and obligations heretofore entered 
into for school purposes by the said directors of either of said dis- 
tricts numbers one (1) and five (5), are hereby legalized and confirmed 
and made binding upon the district created by this act, and shall be 
carried out and enforced by this board. 

§ 18. For any neglect or failure (except through sickness of him- 
self or family), by any member or treasurer of said board of educa- 
tion, to fulfill and perform the duties required of or imposed upon 
him by any of the provisions of this act, he shall be liable to a 
penalty of ten (10) dollars for each default, to be recovered by an 
action of debt, at the suit of any person who may complain; one-half 
of the said fine to go to the informer, the other half to be paid to the 
treasurer of said district. 

§ 19. The treasurer shall, as often as required by the board, make 
due and full report to them — which report shall be open to the in- 
spection of any citizen of said district — of the financial condition 
thereof, giving the amount of money on hand, and from what sources 
derived, the amounts paid out since the last report, and for what pur- 
poses, and such other items as the said board or general school law 
may require. 



184 

§ 20. The present directors of said districts one (1) and five (5) 
shall be the directors of this contemplated district from the taking 
effect of this act until the proper organization of said board is effected 
thereunder. 

§ 21. All prior acts and parts of acts inconsistent with the pro- 
visions of this act, are hereby repealed. 

§ 22. This act is hereby declared to be a public act, and shall 
take effect and be in force from and after the first (1) day of April, 
in the year of our Lord one thousand eight hundred and sixty-seven. 

Appkoved March 1, 1867. 

COEDOVA SCHOOL DISTRICT. 

An Act /or the establishment of a system of graded schools in the 

town of Cordova. 

Section 1. Be it enacted by the People of the State of Illinois, 
represented in the , General Assembly: That all the territory within 
the limits of township twenty (20) North, range one (1) East of the 
fourth (4) principal meridian, and all within the limits of section 
thirty-one (81), thirty-two (32), and west half of thirty-three (w ^ 
33), fractional south half of thirty (frl. s. | 30), south half of twenty- 
nine (s. ^ 29), and southwest quarter of twenty-eight (s. w. \ 28), in 
township twenty (20) north, range two (2) east of the fourth (4) prin- 
cipal meridian, Rock Island county, Illinois, is hereby erected into a 
common school district, to be known as Cordova School District. 

§ 2. All school lands, school funds, or other real or personal 
estate, notes, bonds or obligations belonging to township twenty (20) 
north, range two (2) east of the fourth (4) principal meridian. Rock 
Island county, Illinois, held or owned for school purposes, shall be 
divided between the Cordova School District and the portion of the 
township without the same, in the proportion and manner following: 
The school trustees of said township shall, within thirty days after 
the first election contemplated by this act, appoint one commissioner, 
and the board of education hereinafter named shall appoint one com- 
missioner, who are freeholders, one a resident of said Cordova School 
District, the other of said township without the school district, who, 
after being sworn well and truly to discharge their duties, shall ascer- 
tain the whole number of persons under the age of 21 years residing 
in the whole of said township ; then ascertain the whole number under 
21 years of age residing in said Cordova School District, within said 
township, which will show the number of persons within the limits of 
that part of the school district within the township, and the number 
in the township outside of said district; and thereupon said trustees 
shall divide and apportion said funds, real and personal estate, bonds, 
notes and obligations of said township, between the Cordova School 
District and the township without the district, according to the above 
named enumeration of persons under the age of 21 years residing in 
said township. Said trustees and board of education shall have power 
to supply any vacancy occurring among said commissioners. 



185 

§ 3. Said trustees, or other person or persons having custody or 
•control of said funds or lands, shall pay over and deliver to the board 
of education of Cordova School District, the portion of the funds and 
other personal estate, notes, bonds and obligations, to which the 
school district may be entitled, and execute and deliver to the board 
of education the necessary deeds and other conveyances for the share 
of real estate due said district under said division. 

§ 4. The public schools of said district shall be under the exclu- 
sive management and control of a board of education, to consist of 
six (6) persons. The board shall at their first meeting elect one of 
their number president, one secretary, and one who is not a member 
of the board treasurer, who shall give bonds with approved security, 
for all moneys put in his custody, and pay the same upon the properly 
authenticated orders of the board of education. Thus organized, they 
shall be known as "the board of education of the Cordova School 
District." 

§ 5. Said board shall have exclusive control over the school lands, 
funds and other means of said district for school purposes, and shall 
have full power to do all acts and things in relation thereto to pro- 
mote the end herein designed; may sell or lease said lands, and other 
lands or property which may have been or may hereafter be donated, 
purchased or designed for school purposes in said district, on such 
terms, for cash or credit, and at such times as they may see proper. 
They shall have full power to receive conveyances or donations, and 
to make the necessary deeds or leases for lands ; and all conveyances 
by the board shall be signed and acknowledged before some compe- 
tent officer by the president and secretary of said board: Provided, 
however, that no sale or lease of land for more than one year shall be 
made without the concurrence of live members of the board. A ma- 
jority of the board, with or without the president, shall constitute a 
quorum for the transaction of business, and in the absence of the 
president they may appoint one of their own number president pro 
tempore. The president shall only vote in case of a tie, when he shall 
have a casting vote. 

§ 6. Said board shall have full power to purchase or lease sites 
for school houses, with the necessary grounds therefor; to erect, hire 
or purchase buildings for school houses, and keep them in repair; to 
furnish schools with necessary books, fixtures, furniture, apparatus, 
and library or libraries; to establish, conduct and maintain a system 
of public graded schools, to be kept in one or more buildings in said 
district; to supply the insufficiency of school funds for the payment 
of teachers and other school purposes and expenses, by school taxes 
to be levied and collected as hereinafter provided; to determine the 
number and qualifications of teachers; to give to the same certificate 
of grade, upon a satisfactory examination; to make the appointment 
and fix the amount of compensation of teachers within said district, 
and of all other agents and servants: Provided j, that the board of 
education shall in no case receive any compensation for their ordinary 
services as officers over the schools in said district; to prescribe the 
studies to be taught and books to be used in said schools, including 



186 

maps, cliarts, globes, etc. To pass by-laws, rules and regulations to 
carry these powers into complete execution, and for the government 
o£ their own body, their officers, agents or servants; and providing for 
their meetings and adjournments, and generally to have and possess 
all rights, powers and authority necessary for the proper establishment 
and control of an effective system of graded schools within said dis- 
trict, and they shall visit and inspect each and all the schools therein 
as often as may be necessary. 

§ 7. It shall be the duty of the board of education to determine 
the amount of money needed and to be raised for school purposes, 
over and above the amount from the school funds hereinbefore men- 
tioned, or from other sources: Provided, said board shall not for any 
one year require to be raised more than 2 pe?' centum for the benefit 
of said schools on the assessed value of the real and personal property 
of said district for such year, without a majority of the inhabitants of 
said district authorize them to do so at an election to be held for that 
purpose, at such time, and conducted in such manner as the board 
may direct; nor shall said board make any loan whatsoever for school 
purposes, or for purchasing or leasing grounds, or leasing or erecting 
buildings for school purposes, without a previous authority by such 
vote; but with the concurrence of a majority of such voters it shall be 
lawful to raise such sum, either by taxation or loan, as may not 
exceed in any one year, as a tax, 2 jper centum, or as a loan, 8 
per centum of all the real or personal property of said district ; and 
before the first day of September each year they shall determine the 
amount required to be collected by taxation for expenditure for one 
year from the first day of October then next ensuing, for school pur- 
poses generally, and certify the amount to the county clerk of Rock 
Island county. 

§ 8. It shall thereui3on be the duty of the county clerk to levy said 
sum on all the real estate and personal property of said district accord- 
ing to the assessment and valuation thereof for the current year, 
equally, by a certain rate per centum, and collect the same as other 
taxes are collected; and when said taxes are collected they shall be 
used and applied for school purposes only, and shall be paid only on 
the order of said board. 

§ 9. It shall be the duty of the board to cause an abstract of the 
whole number of children under the age of 21 years within said dis- 
trict to be made and furnish the same, with such other information as 
is required in sections 86 and 79 of the act to establish and maintain 
a system of free schools, approved Feb. 16, 1857, to the school com- 
missioner of Rock Island county, Illinois, within ten days after the 
same shall have been ascertained; and the school commissioner shall 
pay annually to the said board, for the exclusive use of said district,, 
the amount the district is entitled to receive from the funds that are 
or may be in his hands subject to distribution for the support and 
benefit of the schools in said county, in accordance with the provisions 
of the free school law now in force, the same as if no special charter 
had been conferred upon the schools of Cordova School District. 



187 

§ 10. No person shall be a member of the board of education 
unless he be a householder and freeholder, and a resident of said dis- 
trict ; said board to be elected annually, on the first Monday of August, 
as hereinafter provided. The first election shall be advertised by the 
directors by posting six or more written notices in the most public 
places of said district, at least ten days prior to said first Monday in 
August. Said notices shall state where the election is to be held, the 
object of holding the same, and the hour of opening and closing the 
polls; at which election the directors, or a majority of them, shall act 
as judges. There shall be at said election six persons chosen, qualified 
as iDefore mentioned, as members of the board of education, two of 
whom shall serve for one year, two for two years, and two for three 
years, which shall be decided at the first meeting of the board by 
drawing lots, and at every annual election thereafter there shall two 
members be chosen to serve for three years from the date of their 
election. It is provided that in case of death or removal of a member 
of the board from the limits of said district, their office shall be 
vacant, and said vacancy shall be filled for the said unexpired term by 
appointment by the board of education. All officers under this act 
shall hold their offices until the election and qualification of their 
successors. 

§ 11. Said board shall cause all funds not needed for immediate 
use to be loaned at the rate of ten per cent per anfium, payable semi- 
annually, in advance. No loan shall be for a longer period than five 
years, and if exceeding one hundred dollars shall be secured by un- 
incumbered real estate of at least double the value of the loan, with- 
out estimating perishable improvements. For any sum of one hundred 
dollars or under, good and satisfactory personal security may be 
taken. 

§ 12. All notes and securities shall be to the board of education, 
for school purposes, and the borrower shall be at all expenses of ex- 
amining titles, preparing and recording papers, etc. 

§ 18. In settling the estates of deceased persons, debts for school 
purposes shall be preferred to all others except those attending the 
last illness of the deceased and his funeral expenses, excluding the 
physician's bill. 

§ 14. If default be made in the payment of interest or of principal, 
when due, interest at the rate of twelve per cent per annum on the 
amount due shall be charged from the default, and may be recovered 
by suit, Suit may be for the interest only, whether the principal be 
due or not; and if the interest be not paid within ten days after the 
same becomes due, the principal, at the option of the holder of the 
notes, shall thereby become due and may be recovered by suit if 
necessary. 

§ 15. All judgments for principal or interest, or both, shall draw 
interest at the rate of twelve per cent from the rendition of judgment, 
and said board may purchase in property, sold on execution or decree, 
in their own favor, as other persons, with right of redemption as in 
other cases. No judgment for costs shall be rendered against said 
board to be paid out of the school funds. 



188 

§ 16. If the security for any loan or other debt due the school 
district, in the judgment of the board, becomes doubtful or insecure, 
they shall cause the debtor to be notified thereof, and if he do not 
immediately secure the same to the satisfaction of the board, the 
principal and interest shall thereby become due immediately and suit 
may be brought against all the makers of the note, although such 
conditions or stipulations be not inserted in the note. 

§ 17. The board of education shall publish annually a statement 
of the number of pupils instructed the preceeding year, the several 
branches of education parsued, the receipts and expenditures of each 
department of the school, specifying the resources of such receipts 
and the object of such expenditures. 

§ 18. Said board shall have full power to admit persons who do 
not reside within said district into said schools, upon such terms as 
they may think proper. 

§ 19. All persons over the age of fi.ve years and under the age of 
twenty-one years, residing within said district, shall be admitted to 
said schools free, or upon the payment of such rates of tuition as the 
the board shall prescribe, but nothing herein contained shall prevent 
persons being suspended, expelled, or kept out of said schools alto- 
gether, for improper conduct, at the option of the said board. 

§ 20. The board of education of the Cordova School District shall 
be considered, and they are, so far as loans, contracts, purchases and 
assessment of taxes are concerned, the legal successors of the former 
board of directors of said territory comprised in said Cordova school 
district, and all the acts of said prior directors bearing upon and con- 
uected with and preliminary to this act, shall be and are hereby made 
legal. 

§ 21. This act to take effect and be in force from and after its 
passage. 

Approved February 16, 1865. 

DECATUR SCHOOL DISTRICT. 

An Act to create a school district in the toivn of Decatur, Illinois, 
to be known as the Decatur School Distinct. 

Section 1. Be it enacted by the People of the State of Illinois, 
represented in the General Assembly: That all of sections one, two, 
three, eleven, twelve, thirteen, fourteen, fifteen, and the north half of 
sections twenty-two, twenty-three and twenty-four, and also the north 
half of the south half of said sections twenty-two, twenty-three and 
twenty-four, all in township number sixteen north, of range number 
two east of the third principal meridian, is hereby constituted a school 
district, to be known as Decatur School District. 

§ 2. The government of said district for school purposes shall be 
vested in a board of three persons, to be styled the board of educa- 
tion of Decatur School District, and to be elected, qualified and or- 
ganized as hereinafter provided. 

§ 3. There shall be elected by the qualified voters of said district, 
on the first Tuesday of April next, three persons, who shall constitute 



189 

said board, and hold their office for one, two and three years, and until 
their successors shall be elected and qualified. At their first meet- 
ing, they shall draw lots for their respective terms of office, for one, 
two and three years. And thereafter on the first Tuesday of June, 
annually, there shall be an election for the purpose of electing one 
member of said board, who shall hold his office for three years and 
until his successor is elected and qualified. All vacancies in said 
board shall be filled at said annual election, except as hereinafter jjro- 
vided. The meetings for said elections shall be notified by the presi- 
dent of the board, by giving at least ten days' notice of the time and 
place, by publishing a notice thereof in one or more of the newspapers 
of the city of Decatur. Two of the members of the board shall act as 
judges, and one as clei'k of said election; but if said members fail to 
attend, or refuse to act when present, the legal voters, when assembled, 
shall choose three of their number to act as judges, and one as clerk 
of said election. The said judges and clerk shall take and subscribe 
to the same oath as is prescribed for judges and clerks of elections by 
the election laws of the State. After every election of members of 
the board, the judges shall cause the poll book to be delivered to the 
clerk or president of said board of education, with a certificate thereon, 
showing the election of said members of the board, and the names of 
the persons elected; which poll book shall be filed by the clerk, and 
shall be evidence of said election. In case of a tie in any election, 
the same shall be decided by lot, bj^ the judges of election on the day 
of election. If between the times of the annual elections, any vacan- 
cies shall occur in said board by death, resignation or removal from 
the limits of said district, the remaining members shall fill the vacancy 
by appointment; and the person so appointed shall hold the office 
until the next annual election, and until his successor shall be elected 
and qualified. The members of said board shall severally take an 
oath to discharge the duties of their office to the best of their knowl- 
edge and ability. 

§ 4. The said board of education shall be a body corporate and 
politic, by the name and style of "The Board of Education of Decatur 
School District," and may have a common seal, and change the same 
at pleasure; and as such may contract and be contracted with, sue 
and be sued, plead and be impleaded in and before any tribunal hav- 
ing competent jurisdiction. 

§ 5. It shall be the duty of said board to hold quarterly sessions 
on the second Tuesday of April, July, October and January of each 
year, and they may meet by adjournment, at such other times as they 
may think proper; and the president of the board, or any two mem- 
bers thereof, may call a special meeting of the board, by giving a ver- 
bal notice of the time and place and object thereof, or leaving a writ- 
ten notice thereof at the residences of all the. members of the board; 
and at all the meetings a majority of the board shall be a quorum to 
transact business. Said board shall organize by appointing one of 
their number president; they shall also elect a clerk, who may be a 
member of the board, and treasurer, who shall not be a member of 
the board, who shall hold their respective offices during the pleasure 
of the board, and until their successors shall be elected and qualified. 



190 

It shall be the duty of the president, when present, to preside at all 
meetings of the board; and it shall be the duty of the clerk to be pre- 
sent at said meetings, and to record in a book to be provided for that 
purpose, all the official proceedings of said board, which record shall 
be public and open to the inspection of any person interested; and 
all said proceedings when recorded, shall be signed by the president 
and clerk; and a copy thereof, certified by the clerk, shall be prima 
facie evidence of such proceedings in courts and other places. If the 
president or clerk be absent the board may appoint a clerk pro tern. 
The treasurer shall execute to said board an official bond, with good 
and sufficient securities, such bond to be approved by the board, in 
such sums as the board shall determine, but to be, as nearly as can 
be ascertained, in double the amount of all moneys that will at one 
time be in his hands, and conditioned for the performance of his 
duties as treasurer, and especially faithfully to keep, and from time 
to time, pay over all moneys that he shall receive as such treasurer, 
as he shall be directed by order of the board, or required by law to 
do; he shall keep a true and accurate record, in proper books for that 
purpose, of all moneys received and paid out by him, for what pur- 
pose and upon what and whose account; but he shall pay out no 
money except upon the order of the board ; for all moneys paid out he 
shall take and file, with the papers of his office, proper vouchers, and 
he shall settle his accounts with the board, at least once in each year, 
and oftener if the board should so require. 

§ 6. No member of the board shall receive any compensation for 
his attendance at the meetings of the board, nor for the performance 
of its ordinary duties, but for extraordinary services, reasonable com- 
pensation may be allowed, the board to determine what are extraordi- 
nary services, and the compensation therefor. The secretary and 
treasurer shall receive such compensation as the board shall pre- 
scribe. 

§ 7. The treasurer shall, under the direction of the board, demand 
and receive of the officer or officers having custody thereof, any inter- 
est or other monej^ from any school fund or any other source, to 
which the Decatur School District, or any part thereof, or the schools 
or the teachers therein would be entitled if this act had not been 
]3assed; and the money so received from such funds or sources, shall 
be placed in the treasury to be used and expended, under the order 
and direction of the board, for support of schools and for school pur- 
j)oses in the same manner as other funds that shall come into the 
treasury by taxation or otherwise. 

§ 8. The said Decatur school district shall be exempt from the 
jurisdiction of trustees of schools in the township in which said De- 
catur school district is located, so far as common schools are con- 
cerned; and the school commissioner of Macon county, shall in the 
distribution of the school funds that may come into his hands, appor- 
tion so much ov the school fund as said Decatur School District may 
be entitled to upon a 2^'>'0 rata distribution of said funds among the 
several townships of said county, to the said Decatur school district, 
and upon the filing of the bond of the treasurer of the said board of 



191 

education, the said school commissioner shall pay over to the said 
treasurer the amount due said district. All taxes levied in accord- 
ance with the provisions of this act, shall be paid over by the officer 
collecting the same, to the treasurer of the board of education; and 
said board of education shall have the entire and exclusive control of 
all school funds of said Decatur school district, or any part thereof, 
whether consisting of the portion of the school, college, seminary or 
township fund, belonging and to belong to said district, or any part 
thereof, or derived from taxation, loans or otherwise, to be used by 
them as provided in this act; and they may receive any gift, grant, 
donation, devise, bequest or legacy, made for the use of any school or 
schools, or library or other school purposes, within their jurisdiction; 
and they shall be and are hereby invested in their corporate capacity, 
with the title, care and custody of all lands, lots, school houses, school 
libraries, apparatus and other property belonging or appertaining to 
the common schools of the district, or any of them, or which may be 
within their jurisdiction, with full power to control the same in such 
manner as they may think will promote the interests of schools or the 
cause of education, and not inconsistent with the provisions of this 
act; and when in their opinion, it may be to the interest of said dis- 
trict to sell any lot or tract of land or building, belonging to said dis- 
trict or any part thereof, said board may sell and convey the same in 
the name of the board; and such conveyance, as well as all other con- 
veyances, contracts and assignments of the board, shall be executed 
by the president and clerk of the board of education of Decatur school 
district, and the moneys of all sales and assignments shall be paid to 
the treasurer of the board, for the benefit of schools ; and all convey- 
ances of real and personal estate and assignments of choses in action 
which may be made to said board, shall be made to said board in its 
corporate name; and said board may i3urchase and hold such real 
estate and personal property as may be necessary for the establish- 
ment and support of schools, and such real estate as may be purchased 
under any sale upon execution or decree in favor of said board, or in 
satisfaction of any debt due the said board, and at any time thereafter 
may sell and convey the same. 

§ 9. For the purpose of erecting school houses, purchasing school 
house sites, or repairing or improving the same, or purchasing libraries 
or apparatus, it shall be lawful for said board to borrow money at a 
rate of interest not exceeding ten per cent per annum, and issue 
bonds therefor, in sums of not less than one hundred dollars ; which 
bonds shall be executed by the president and clerk of said board in 
the name of the board: Provided, that the bonds issued by said 
board and outstanding, shall not at any time, exceed one per centum 
of the assessed value of the real and personal property of said district. 

§ 10. Said board may also, at any time when they may deem it 
necessary, borrow any sum or sums of money for a time not exceed- 
ing one year, and at a rate of interest not exceeding ten per cent per 
annum, to be expended for general school purposes : Provided, that 
the total amount of moneys so borrowed and unpaid, shall not at any 
time exceed one half of one per centum of the assessed value of the 



J92 

real and personal property of said district. And for the payment of 
the moneys so borrowed, the proceeds of the taxes first paid into the 
treasury thereafter, and not specially appropriated by law, are hereby 
specifically pledged and shall be applied in payment of the sums so 
borrowed, in preference to any other debts. 

§ 11. If any judgment shall be obtained against said board, the 
party entitled to the benefit of such judgment, may have execution 
therefor, as follows, to- wit: It shall be lawful for the court in which 
judgment shall be obtained, or to which such judgment shall be re- 
moved by transcript or appeal from a justice of the peace or other 
court, to issue thence a writ, commanding the board of education and 
treasurer of said district, to cause the amount thereof, with ten per 
cent interest and costs, to be paid to the party entitled to the benefit 
of said judgment, out of any moneys unappropriated of said district, 
and if there be no such moneys, out of the first moneys that shall be 
received for the use of said district; and to enforce obedience to such 
writ by attachment or by mandamus, requiring said board to levy a 
tax for the payment of said judgment; and all legal process, as well as- 
writs to enforce payment of a judgment, shall be served either on the 
president or clerk of said board. 

§ 12. Said board shall, on or before the fifteenth day of August in 
each year, cause to be raised by taxation, for school purposes, including 
the payment of any debts due, or during the ensuing year to become 
due from said district, such an amount as they shall estimate will, 
together with the available means accruing from other sources, be re- 
quired for school purposes in said district for the ensuing year; and 
shall determine, as nearly as practicable, what rate per cent, not to 
exceed one j^er cent, unless the debts to be be paid require it, on all 
the taxable property in said district, must be levied to raise the 
amount so estimated, and shall make an order therefor, and the clerk 
shall enter the same upon the records of the board. It shall be the 
duty of the clerk of said board to make out a certified copy of said 
order, signed by the president of the board and attested by the clerk, 
and within ten days from the passage of said order, present the same 
to the clerk of the board of supervisors of Macon county. The tax 
so levied by the said board of education, shall be assessed and col- 
lected in the same manner and at the same time and by the same 
officers that State taxes are assessed and collected within the limits 
of said district, and the proceeds paid to the treasurer of said board 
of education, after deducting therefrom one-half the per centage 
allowed for assessing and collecting State taxes. 

§ 13. The said board of education shall transact all business which 
may be necessary in relation to common schools in said district — 

First — They shall establish a sufficient number of common schools 
for the education of every person residing in said district over the age 
of 6 years and under the age of 21 years ; and shall make the neces- 
sary provisions for continuing said schools in operation at least nine 
months in every year, except the first year after the organization 
under this act. 



193 

Second — They shall cause suitable lots of ground to be procured, 
and suitable buildings to be erected, purchased or rented for school 
houses, and shall supply the same with fuel, furniture and apparatus; 
and may cause said buildings and other property to be insured; and 
shall make all other provisions, relative to schools, which they may 
deem proper. 

Third — They shall exercise general supervision over the common 
schools of the district, and shall, by one or more of their number or 
by their agent or agents, visit each one of said common schools, at 
least once a month, while they are in operation. 

Fou7'th — They shall appoint all the teachers of said common schools, 
establish rules respecting their qualifications and how the same shall 
be determined, fix the amount of the salary or compensation of its 
teachers, and may dismiss any teacher at any time. 

Fifth — They may direct what branches of learning shall be taught 
and what books shall be used in each school. 

Sixth — They shall have power to establish schools of different grades, 
and the rules and regulations for the admission of pupils into the 
same, having regard to the qualifications of the pupils ; and they may 
suspend or expel from the schools any pupil found guilty, on a full 
examination and hearing, of refractory or incorrigibly bad conduct. 

Seventh — They may lay off and divide said Decatur School District 
into local districts, and from time to time, alter the same, or create 
new ones as circumstances may require. 

Eighth — They may appoint a board of three persons in each local 
district, to be denominated district directors, and prescribe by estab- 
lished rules and regulations the powers and duties of such directors, 
and remove them at their pleasure. 

Ninth — They may appoint such other officers, committees or agents, 
as they shall deem best and most conducive to the well being of the 
schools and of school education in said Decatur School District. 

Tenth — And generally they shall have and possess all the rights, 
powers and authority necessary for the proper management of the 
schools and the school funds, with the power to make all such rules, 
orders and ordinances as they may deem necessary to carry their 
powers and duties into effect, and perfect a good system of public in- 
struction and common schools in said district. 

§ 14. The several teachers of said public schools shall keep 
schedules of the pupils attending the schools, as is now required or 
may hereafter be required of teachers of schools by law; and the said 
board of education shall make returns and report to the State super- 
intendent of public schools or other proper officer, on all such matters 
and things as are or shall be required by law, and the direction of such 
superintendent or other proper officer of any county or township 
officer, and shall make such other reports as persons having the con- 
trol of public schools are or may be required to make by virtue of any 
law of this State. 

§ 15. Said board shall, at the end of each year of their term of 
office, cause to be prepared and published in one or more of the news- 

—13 S L ' 



194 

papers published in the city of Decatur, a statement exhibiting the 
condition of schools for the preceding year, which statement shall be 
substantially as follows, viz: 

First — The whole number of schools which have been taught in 
said year. 

Second — What number of teachers have been employed in each 
school, stating the name of each teacher, the time employed and the 
compensation paid. 

Third — The whole number of scholars in all the schools, giving the 
number of males and females in each school separately, and the aver- 
age number in attendance. 

Fourth — The amount of all the funds received into the treasury 
during the year, and the sources from whence it was received, stating 
the amount received from each source. 

Fifth — The amount paid out for salaries, rent, fuel, furniture, etc. 

Sixth — The amoant and kind of unexpended funds on hand at the 
end of the year. 

Seventh — A statement of the total amount received and the total 
amount paid out for school purposes during the year. 

§ 16. All of the territory which, at the time of the passage of this 
act, or at any time hereafter, may be embraced in the corporate limits 
of the city of Decatur, shall be included and constitute a part of De- 
catur School District, and any tract or tracts of land adjoining said 
district' may be annexed to it, on condition that three-fourths of the 
legal voters residing within the limits of such tract or tracts shall 
petition the board of education to be annexed to said district, and 
that their petition shall be granted by the unanimous vote of all the 
members of said board; whenever any territory shall be so annexed to 
and become a part of said district, all the provisions of this act shall 
be applicable to it in the same manner as they would have been if it 
had been embraced within the district at the time of the passage of 
this act. 

§ 17. For any neglect or failure by the said board of education, or 
of any member thereof, to fulfill the duties required of or imposed 
upon them by any of the provisions of this act, they shall be liable to 
a penalty of fifty dollars, to be recovered in an action of debt, at the 
suit of any person who may complain; and any member of said board 
who shall appropriate to his own use any of the funds that may come 
to his hands, or under his control, belonging to said district for school 
purposes, shall be deemed guilty of a misdemeanor, and upon convic- 
tion thereof, shall be fined in any sum not exceeding five hundred dol- 
lars, and imprisoned in the county jail not exceeding one year. 

§ 18. The provisions of the last preceding section shall be held to 
apply to the clerk, treasurer, or any other officer or agent elected or 
appointed in pursuance of this act. 

§ 19. All prior acts or parts of acts inconsistent with the provi- 
sions of this act, are hereby repealed, and any act of the General As- 
sembly now in force or hereafter enacted, shall not be construed in 



195 

any manner to repeal, alter or change any of the provisions of this 
act, unless such act shall specifically provide for such repeal, altera- 
tion or change. 

§ 20. This act is declared to be a public law, and shall take effect 
and be in force from and after its passage. 

Appeoved February 16, 1865. 

GALENA SCHOOL DJSTKICT. 

An Act to amend an act entitled ''An Act to reduce the law incor- 
porating the city of Galena and the several acts amendatory thereof 
into one act. and to amend the same, and for other purposes,'''' 
approved Jan. 30, 1857. 

Be it enacted hy the People of the State of Illinois, represented in 
the General Assembly: That the act entithsd "An act to reduce the 
law incorporating the city of Galena and the several acts amendatory 
thereof into one act, and to amend the same, and for other purposes," 
approved Jan. 30, 1857, be so amended that the chapter entitled 
"Schools and School Funds" shall read as follows: 

Section 1. The city of Galena, with such limits as are now or may 
hereafter be established, shall constitute one school district; and the 
city council of said city shall, by virtue of their ofiices, be the directors 
of the public schools in and for said district. 

1. The only change made by the statute of 1879 is the substitution of a board 
of education appointed bj'' the mayor in place of the members of the common 
cotincil. None of the other powers, duties or authority are changed, and the 
members of the board of education as appointed and confirmed have all the 
powers originally vested in the members of the council. The school district 
is therefore operated, not under the general school law of the State, but under 
a special act of the Legislature. Schmohl v. Williams, 215-63. 

§ 2. The said city council shall have full power and authority, and 
it shall be their duty, to establish, maintain and regulate, for at least 
six and not to exceed eleven months, in each year, a sufficient number 
of free schools, for the children in the district over 5 and under 21 
years of age ; and may sue for and collect all moneys arising from any 
fund for the support of schools or for educational purposes, and to 
which the inhabitants of said district may now or hereafter be entitled; 
which money, when collected, shall be paid to the treasurer of the 
city of Galena, to be expended by said council for the support of free 
schools within the limits of said city, and for no other purpose. 

§ 3. The city council shall have power and it shall be their duty; 

First — To grade the schools in said district, and make such sub- 
divisions of the district, for school purposes, as may be deemed ex- 
pedient. 

Second — To purchase or lease sites for school houses, with the 
necessary grounds, and to erect, hire or purchase buildings, for school 
purposes, and keep the same in repair. 

Third — To furnish schools with the necessary fixtures, furniture, 
libraries and apparatus. 

Fourth — To hire teachers and fix the amount of their compensation. 



196 

Fifth — To prescribe the studies to be taught in the different schools^ 
to make all needful rules and regulations, concerning the schools, and 
to determine upon what terms children residing outside of said district 
may attend the free schools of said district. 

Sixth — To cause to be made enumerations of the children of said 
district, residing in township twenty-eight, range one East, and 
twenty-eight, range one West of the fourth principal meridian, at 
the times and in the manner prescribed in the school law of this 
State. Said enumeration to be filed with the respective treasurers 
of said townships. 

Seventh — To appoint a board of school inspectors, not less than 
three nor more than five in number, and prescribe their duties, and 
delegate to them, if deemed expedient, any or all of the powers and 
duties mentioned in specifications one, three, four, five and six of 
this section. 

Eighth — To cause the public moneys, for the support of schools, 
to which the said city or the schools therein may be entitled, to be 
paid to the city treasury, and to direct the expenditure thereof. 

Ninth— To levy and collect taxes for the payment of all the 
expenses incident to the maintaining of free schools, and for all the 
purposes herein mentioned, the said taxes to be called "school taxes;" 
and the money arising therefrom, together with all other school 
moneys belonging to the city, shall be kept as a separate fund, to be 
used for none other than common school purposes. 

§ 4. The city council shall cause to be prepared and forwarded to 
the school commissioner of JoDaviess county, on or before the second 
Monday of October, in each year, a statement of school statistics for 
said district, similar to that required of the trustees of schools of the 
various townships; which statement shall be certified to by the 
treasurer of said city; and it shall be the duty of said school commis- 
sioner at every apportionment of school moneys in his possession, to 
apportion to the said district a proportionate amount of said moneys, 
upon the same bases that apportionment is made to the several town- 
ships in the county of JoDaviess, and pay said amount, so appor- 
tioned, directly to the treasurer of the city of Galena, in the same 
manner as if the said district were a distinct township; and the 
school reports to said commissioner from townships twenty-eight, 
range one West, and twenty-eight, range one East of the fourth prin- 
cipal meridian, shall not include the school statisticts of the said 
district or any part thereof. 

§ 5. The teachers of the free schools of said district shall be sub- 
ject to the provision of the school law, and shall make schedules of 
the scholars attending school in said district in accordance with sec- 
tion 53 of said law, especially specifying the township in which each 
scholar resides; and the school inspectors of said district shall 
certify to the correctness of said schedules. The schedules of said 
scholars, and who reside in township'^twenty-eight, range one West of 
the fourth principal meridian, shall, at least two days before the first 
Mondays in April and October, in each year, be filed with the treas- 
urer of said township. And it shall be the duty of the trustees of 



197 

schools of said township, at each semi-annual apportionment, to 
apportion to said district a proportionate amount of money, arising 
from the township fund, upon the same basis that apportionment is 
made to the districts in said township, outside of the city of Galena; 
and the amount so apportioned to the said district, shall be immedi- 
ately paid to the treasurer of the city of Galena by the treasurer of 
said township. A similar course shall be pursued with the schedules 
of the scholars in said district, and who reside in township twenty- 
eight, range one East of the fourth principal meridian, and a similar 
duty, as to apportionment and payment of money arising from the 
township fund of said township twenty-eight, range one East of the 
fourth principal meridian, shall devolve upon the trustees of schools 
and the treasurer of said last named township. 

§ 6. The legal voters residing in said district shall have the right 
to vote for trustees of schools, for the township in which they respec- 
tively reside. 

§ 7. This act shall be deemed a public act, and may be read in 
evidence, without proof, and judicial notice shall be taken thereof in 
all courts and places. 

§ 8. All laws conflicting with this act are hereby so far modified 
and repealed as to give full effect and efiiciency to all the provisions 
of this act. 

§ 9. This act shall take effect from and after its passage. 

Appeoved Feb. 20, 1861. 

GALESBUEG SCHOOL DISTRICT. 

An Act for the establishment of a system of graded schools for the 

city of Galeshurg. 

Section 1. Be it enacted hy the People of the State of Illinois, 
rejwesented in the General Assembly : That all the territory within 
the limits of the city of Galesburg, Knox county, Illinois, according 
to its present or future boundaries, is hereby erected into a common 
school district, to be known as Galesburg School District. 

§ 2. All school lands, school funds, and other real or personal es- 
tate, notes, bonds or obligations, belonging to township number eleven 
North, and range one East of the fourth principal meridian, Knox 
county, Illinois, held or owned for school purposes, shall be divided 
between the city of Galesburg and the portion of the townshij^ with- 
out the same, in the proportion and manner following: The school 
trustees of said township shall, within 30 days after the first election 
contemplated by this act, appoint two commissioners, who are free- 
holders, one a resident of said city, the other of said township, with- 
out the city, who, after being sworn well and truly to discharge their 
duties, shall ascertain the whole number of white persons, under the 
age of 21 years, residing in the whole of said township, and the whole 
number in said city, and in the township without the city; and, there- 
upon, said trustees shall divide and apportion said funds, real and 
personal estate, notes, bonds and obligations of said tov/nship, be- 



198 

tween the city and the townshijp without the city, according to the 
number of white persons under the age of 21 years residing in said 
township. Said trustees shall have power to supply any vacancy oc- 
curring among said trustees. 

§ 3. Said trustees, or other person or persons having custody or 
control of said funds or lands, shall pay over and deliver to the board 
of education of Galesburg school district the portion of the funds, and 
other personal estate, notes, bonds and obligations, to which the 
school district may be entitled, and execute and deliver to the board 
of education the necessary deeds and other conveyances for the share 
of real estate due said district under said division. 

§ 4. The public schools of said district shall be under the exclu- 
sive management and control of a board of education, to consist of the 
mayor of said city, who shall be the president of the board, and one 
director from each ward of the city, to be known as "The JBoard of 
Education of Galesburg School District," each of whom, with the 
treasurer and clerk of said board, shall be sworn to discharge their 
diities with fidelity. 

§ 5. Said board shall have exclusive control over the school lands, 
funds and other means of said district, for school purposes, and shall 
have full power to do all acts and things, in relation thereto, to pro- 
mote the end herein designed; may sell or lease said lands and other 
lands or property which may have been or may hereafter be donated, 
purchased or designed for school purposes in said district, on such 
terms, for cash or credit, and at such times as they may see proper; 
they shall have full power to receive conveyances or donations and to 
make the necessary deeds or leases for lands ; and all conveyances by 
the board shall be signed and acknowledged before some competent 
officer by the president and secretary of said board: Provided, hoio- 
ever, that no sale or lease of land for more than one year shall be 
made without the concurrence of live members of the board. A ma- 
jority of the directors, with or without the president, shall constitute 
a quorum for the transaction of business; and in the absence of the 
president they may appoint one of their own body president pro tem- 
pore. The coresident shall only vote in case of a tie, when he shall 
have a casting vote. 

§ 6. Said board shall have full power to purchase or lease sites for 
school houses, with the necessary grounds therefor; to erect, hire or 
purchase buildings for school houses and keep them in repair; to fur- 
nish schools with necessary books, fixtures, furniture, apparatus and 
library or libraries ; to establish, conduct and maintain a system of 
public graded schools, to be kept in one Or more buildings in said dis- 
trict; to supply the insufficiency of school funds for the payment of 
teachers, and other school purposes, and expenses, by school taxes to 
be levied and collected as hereinafter provided; to determine the num- 
ber, make the appointment, and fix the amount of compensation of 
teachers, within said district, and of all other agents and servants: 
Provided, that the directors shall in no case receive any compensation 
for services as directors; to prescribe the studies to be taught and 
books to be used in said schools, including maps, charts, globes, etc. ; 



199 

to lay off and divide said district into smaller districts, and to alter 
the same, or erect new ones at pleasure; to pass by-laws, rnles and 
regulations to carry these powers into complete execution, and for the 
government of their own body, their officers, agents and servants, and 
providing for their meetings and adjournments, and, generally, to have 
and possess all the rights, powers and authority necessary for the 
proper establishment and control of an effective system of graded 
schools within said district; and they shall visit and inspect each and 
all the schools therein as often as may be necessary. 

§ 7. It shall be the duty of the board of education, and they shall 
have full power to determine the amount of money needed and to be 
raised for school purposes, over and above the amount from the school 
funds hereinbefore enumerated, or from other sources: Provided, 
said board shall not for any one year require to be raised more than 
one-half of one per centum^ for the benefit of said schools, on the as- 
sessed value of the real and personal property of said city for such 
year, without a majority of the legal voters of said city authorize them 
to do so at an election to be held for that purpose, at such time, and 
conducted in such manner, as the board may direct; nor shall said 
board or said city council make any loan whatsoever for school pur- 
poses, without a previous authority by such vote; but with the con- 
currence of a majority of said voters, it shall be lawful to raise such 
sum, either by taxation or loan, as said board may see proper; and 
before the first day of August of each year, they shall determine the 
amount required to be collected by taxation for expenditure for one 
year from the first day of January then next ensuing, for school pur- 
poses generally, and certify the amount to the city council of Galesburg. 

§ 8. It shall thereupon be the duty of the city council to levy said 
sum on all the real estate and personal property of said city, accord- 
ing to the assessment and valuation thereof, for the current year, 
equally, by a certain rate per centum, and collect the same as city 
taxes are collected. A special column shall be prepared ia the city 
duplicate, headed "School purposes," in which shall appear the amount 
of tax for school purposes, chargeable against each parcel of real estate 
or amount of personal proj^erty ; and when said taxes are collected the 
treasurer shall keep a separate account of the same, and they shall be 
used and applied for school purposes only, and shall be paid only on 
the order of said board. 

§ 9. It shall be the duty of the board to cause an abstract of the 
whole number of white children, under the age of 21 years, within said 
district, to be made, and furnish the same, with such further informa- 
tion as is required in section 36 and 79 of the act to establish and 
maintain a system of free schools, approved Feb. 1(3, 1857, to the school 
commissioner of Knox county, Illinois, within ten days after the same 
shall have been ascertained; and the school commissioner shall pay, 
annually, to the said board, for the exclusive use of said district, the 
amount the district is entitled to receive from the funds that are or 
may be in his hands, subject to distribution, for the support and benefit 
of the schools in said countj^ in accordance with the provisions of the 
free school law now in force, the same as if no special charter had 
been conferred upon the schools of the city of Galesburg. 



200 

§ 10. The city council of the city of Galesbiirg are hereby vested 
with full power to borrow such sums of money, being subject to the 
restriction contained in the 7th section of this act, as they may deem 
necessary for school purposes in said district, at a rate of interest not 
exceeding ten per centum, per annum, which may be made loayable 
semi-annually, at such place as may be agreed upon; and the money, 
when so borrowed, shall be placed under the control of the board of 
education. 

§ 11. The board of education shall be elected by all the qualified 
voters of said school district, but one director shall reside in each of 
the wards of said city, and be a householder and freeholder thereof. 
The directors shall hold their offices three years from the day of 
their election, except that one-third of the first board elected under 
this act shall retire from office at the expiration of the first year, one- 
third at the expiration of the second year, and one-third at the expira- 
tion of the third year; and the period of their retirement shall be 
decided as follov/s: the clerk of the city council shall take six strips 
•of paper on two of which he shall write the words "One year," on two, 
"Two years," on two, "Three years;" each member-elect shall draw, 
and shall serve the period of time indicated by the words on the paper 
which he draws. An election shall be held annually, at the place 
where the city council of Galesburg hold their meetings, on the first 
Monday of June; at the first of which all of said directors shall be 
chosen; and at each election thereafter successors to the directors 
whose terms are about to expire. For the first election, the election 
officers shall be appointed by the city council of Galesburg, and notice 
thereof being published by said council ten days before the election 
in a newspaper of said city; but for each subsequent election said ap- 
pointments shall be made by the board of education, and notice given 
by them as aforesaid, and for what wards directors are to be chosen; 
and said election shall, in every other particular, the supplying va- 
cancies in the officers thereof, substituting the place for holding the 
place for holding the election, conducting the election, making the 
returns, etc., etc., be governed by the ordinance of the city of Gales- 
burg, in force at the time of election. Said board shall be the judges 
of the election and qualification of its members, and in determining 
the same, shall be governed by the city ordinance as aforesaid. All 
officers under this act shall hold their offices until the election and 
qualification of their successors. Removal from his ward, and not out 
of the city, by any director, shall not vacate his office; and whenever 
any vacancy shall occur in the office of director the city council of 
Galesburg shall supply the same, upon notice thereof by the board of 
education, but such appointment, so made by the city council, shall 
only continue until the next regular election of directors, when a suc- 
cessor shall be elected, who shall hold his office for the unexpired 
term only. 

§ 12. The treasurer and clerk of the city of Galesburg shall be 
the treasurer and clerk of the board of education; and the board shall 
•determine their duties, compensation and amount of security to be 
given. 



201 

§ 13. Said board shall cause all funds not needed for immediate 
use to be loaned, at the rate of ten per cent per annum, payable 
semi-annually in advance. No loan shall be for a longer period than 
five years, and, if exceeding one hundred dollars, shall be secured by 
unincumbered real estate, of at least double the value of the loan, 
without estimating perishable improvements; for any sum of one 
hundred dollars or under, good and satisfactory personal security 
may be taken. 

§ 14. All notes and securities shall be to the board of education 
for school purposes; and the borrower shall be at all expenses of ex- 
amining titles, preparing and recording papers. 

§ 15. In settling the estates of deceased persons, debts for school 
purposes shall be preferred to all others, except those attending the 
last illness of the deceased and his funeral expenses, excluding the 
physician's bill. 

§ 16. If default be made in the payment of interest, or of princi- 
pal, when due, interest at the rate of twelve per cent per annum on 
the amount due shall be charged from the default, and may be re- 
covered by suit. Suit may be for the interest only, whether the 
principal be due or not; and if the interest be not paid within ten 
days after the same becomes due, the principal, at the option of the 
holder of the note, shall thereby become due, and may be recovered 
by suit, if necessary. 

§ 17. All judgments for princijpal or interest, or both, shall draw 
interest at the rate of twelve per cent from the rendition of judg- 
ment ; and said board may purchase in property sold on execution or 
decree in their own favor, as other persons, with right of redemption, 
as in other cases. No judgment for costs shall be rendered against 
said board, to be paid out of the school funds. 

§ 18. If the security for any loan or other debt due the school 
district, in the judgment of the board, become doubtful or insecure, 
they shall cause the debtor to be notified thereof ; and if he do not 
immediately secure the same, to the satisfaction of the board, the 
principal and interest shall thereby become due immediately and suit 
may be brought against all the makers of the note, although such 
condition or stipulation be not inserted in the note. 

§ 19. The board of education shall publish, annually, a statement 
of the number of pupils instructed the preceeding year, the several 
branches of education pursued, the receipts and expenditures of each 
school, specifying the resources of such receipts, and the object of 
such expenditures. 

§ 20. Said board shall have full power to admit persons who do 
not reside within said district into said schools, upon such terms as 
they may think proper. 

§ 21. All free v/hite persons, over the age of 5 years and under 
the age of 21 years, residing within said district, shall be ad- 
mitted to said schools free or upon the payment of such rates of 
tuition as the board shall prescribe; but nothing herein contained 
shall prevent persons being suspended, expelled, or kept out of said 
school altogether, for improper conduct. 



202 

§ 22. In purchasing or leasing grounds or buildings, for school 
purposes, said board of education may do so on credit; and when the 
price and conditions of the purchase or lease are agreed upon, the 
board may certify the same to the city council of Galesburg, and the 
council shall make, or cause to be made, to the proper party, the 
bonds or obligations of said city for the payment of the purchase 
money according to said terms ; or said board may execute in their 
own name, said contract, bonds or obligations, and they shall be 
binding upon said city, and the council shall provide for the payment 
of the same and the interest thereon as it becomes due, as though 
they were executed by the city of Galesburg and under her corporate- 
seal. 

§ 23. This act shall be attached to the act incorporating the city 
of Galesburg and be considered a part of said charter. 

§ 24. This act shall not take effect or be in force without a 
majority of the legal voters of said city decide in its favor, at an 
election for that purpose, to be held at such time and conducted in 
such manner as the council of said city may direct. 

Approved February 18, 1859. 

HEYWORTH SCHOOL DISTRICT. 

An Act to incorporate the Heyworth School District. 

Section 1. Be it enacted by the People of the State of Illinois,. 
represented in the General Assembly : That within the following; 
described boundaries, viz: commencing at the southeast corner of 
section 11, Town 21 N., R. 2 E. of third principal meridian, McLean 
county, Illinois; thence north two and three-fourth miles; thence west 
one-fourth mile ; thence north three-fourths of a mile to the northeast 
corner of the northwest quarter of the southwest quarter of section 
26, T. 22 N., R. 2 E. of 3d p. m.; thence west two and one-half miles 
to the northwest corner of the east half of the southwest quarter of 
section 28; thence south one-fourth mile; thence west one-half mile;, 
thence south three-fourths of a mile ; thence west one-fourth mile .• 
thence south one-fourth mile; thence west one-half mile to the section 
line between sections 31 and 32; thence south three-fourths of a mile,. 
to the half-mile corner on the west side of section 5, T. 21 N., R. 
2 E.; thence east one mile; thence south one-fourth mile; thence 
east one-half mile; thence south one and one-quarter mile, to the half- 
mile corner on the south side of section 9; thence east two and one- 
half miles to the place of beginning, is hereby constituted a school 
district, to be known as "The Heyworth School District." 

§ 2. The government of said district, for school purposes, shall be 
vested in a board of seven directors, namely: Gen. R. G. Laughlin, 
Hon. Harrison Noble, Alpheus Millinner, Samuel Hill, Isaac Vanord- 
strand, Francis M. Philbrook and Jno. Kelly; five of whom shall be a 
quorum to transact business. 

§ 3. Said board shall be styled the board of education of the Hey- 
worth School District, and shall hold their office for five years, and 



208 

until their successors are elected and qualified: Provided, that at 
the first meeting of the board they shall be divided by lot into seven 
classes — one of them to be of the first class, one of the second class, 
and so on through to the seventh class; and the seats of the first shall 
be vacated at the expiration of five years, when there shall be an elec- 
tion of one member of the first class; and annually thereafter, on the 
first Monday in August, there shall be an election of said classes suc- 
cessively, thus giving one new member to said board each year after 
five years ; and should a vacancy occur in said board, it shall be the 
dut}^ of said board to fill said vacancy. 

§ 4. Meetings for elections shall be called by the board, by prev- 
ious notice being given of at least ten days of the time and place, and 
otherwise to be conducted as prescribed by our common school law, 

§ 5. The said board of eductition shall be a body corporate and 
politic, and by that name and style may sue and be sued, plead and 
be impleaded, buy and sell land: and they may receive gifts, grants,, 
donations, bequests, legacies, etc., which may be made for school pur- 
poses ; and adopt such rules and regulations as they may deem neces- 
sary for the management of said district. They shall severally take 
an oath to discharge the duties of their office to the best of their abil- 
ities. 

§ 6. It shall be the duty of said board to hold semi-annual meet- 
ings, on the first Tuesday of April and the first Tuesday of October 
in each year, and called or special meetings at any time. They shall 
organize by electing one of their number president, and one clerk, and 
shall appoint a treasurer, who shall not be a member of said board, 
and who shall give bond and security, to be approved by said board, 
and whose duty it shall be to receive all school funds belonging to 
said district, and disburse the same by order of said board, signed by 
its president and clerk; for which he shall receive no compensation. 

§ 7. It shall be the duty of said board to levy a tax each year^ 
sufficient to carry on school at least six months, and not more than 
eight months, and also a tax sufficient to erect such buildings as may 
be necessary for the accommodation of all scholars wishing to attend 
such schools; and said board may borrow money for the use and 
benefit of said district. 

§ 8. Said board may continue the schools after the six months' 
term, by assessing the scholars attending said schools, so as to de- 
fray the expenses thereof, in whole or in part. All assessments thus 
made shall be collected in advance from those wishing to attend, and 
shall be made according to the department to which the scholar be- 
longs: Provided, that not more than ten months' school shall be 
taught in any one year. 

§ 9. All taxes levied by said board of education shall be collected 
in the same manner, and at the same time, and by the same officers, 
that the State and county taxes are collected in said district, and 
shall be paid over by the town collector to the treasurer appointed by 
said board; and it shall be the duty of the treasurers of towns 21 and 



204 

22 N., R. 2 E., to pay over to the treasurer appointed by said board 
the distributable share of all the school funds, of every description 
that may come into their hands, belonging to said district. 

§ 10. The said board shall transact all business which may be 
necessary, in relation to any schools, school funds, taxes, enumera- 
tion of children, etc., in said district, and shall be the legal successors 
of the trustees, in every particular, of towns 21 and 22 N., R. 2 E., 
of the 3d p. m., within the bounds of said district. They shall ap- 
point all teachers, fix salaries of each teacher, and dismiss teachers or 
scholars at any time, for good cause shown; and, generally, they shall 
have and possess all the rights, powers and authority necessary for 
the pro]per management of the schools and school funds, with power 
to make all rules, orders and ordinances, as they may deem necessary 
to carry their powers and duties into effect, and perfect a good system 
of public instruction and common schools in said district. 

§ 11. This act shall not affect or impair, in any way, the rights 
and privileges possessed at this time by said district in regard to 
drawing any State, county or township funds that said district may 
be entitled to by reason of the number of scholars attending said 
schools, or the number of days taught, or for any other cause, whether 
herein enumerated or not. 

§ 12. In all points not enumerated in this act, the board of educa- 
tion shall be governed by the common school law of this State. 

§ 13. All prior acts or x^arts of acts inconsistent with the pro- 
visions of this act are hereby repealed, and this act is declared a pub- 
lic law, and shall take effect and be enforced from and after its 
passage. 

Approved March 5, 1867. 

JACKSONVILLE SCHOOL DISTRICT. 

An Act to incorporate the City of Jacksonville, in the County of 
Morgan, and State of Illinois. 

Article XI. 

Section 1. All the territory within the limits of the city of Jack- 
sonville, in said county of Morgan, according to its present or future 
boundaries is hereby erected into a common school district. 

1. Section 6, article 1, of the law relating to the incorporation of cities 
and villages provides, that in case of the organization of any city under it, its 
provisions shall apply to such city, and that all laws in conflict therewith 
shall no longer be applicable. The same section, however, further provides, 
that all laws or parts of laws not inconsistent with the provisions of that act 
shall continue in force and applicable to any such city or village, the same as 
if such change or organization had not taken place. In the general incorpor- 
ation law no provision whatever is made in relation to the establishment, or- 
ganization or government of common school districts, or the maintenance 
therein of common or graded schools, and as it in no way attempts to deal 
vsdth the subject of schools, it seems perfectly plain that article 11 of the 
special charter of the city of Jacksonville is not, and cannot be inconsistent 
with the provisions of the g-eneral law. Smith v. The People, 154-58. 



205 

§ 2. All school funds from whatever source derived, belonging to 

township No , Morgan county, Illinois, held or owned for school 

purposes, shall be divided between the city of Jacksonville and the 
portion of the said township without the same, in the proportion and 
manner following: The school trustees for the several districts of 
said township shall within thirty days after the first election con- 
templated by this act, appoint two commissioners who are free holders, 
one a resident of the said city, and the other of said township without 
the city, who, after being sworn well and truly to discharge their 
duties, shall ascertain the whole number of persons under the age of 
21 years residing in the whole of said townshij^, and the whole num- 
ber in said city, and in the township without the city; and thereui3on 
said trustees shall divide and apportion said funds of said township 
between the city and the township without the city, according to the 
number of persons under the age of 21 years residing in said town- 
ship. Said trustees shall have power to supply any vacancy occur- 
ing among said commissioners. 

§ 3. The members of the board of education, representing the dif- 
ferent wards, shall hereafter be elected by the people at the city elec- 
tions of city officers, and shall go out of office as follows: Two at the 
end of one year, and two at the end of two years ; and that after the 
first election of said board, to-wit: At the next election of city officers, 
they shall cast lots, in the presence of the city council, for the long 
and short terms of office, and the two upon whom the lots for the 
short term shall fall shall go out of office at the end of one year, and 
the other two at the end of two years, and the city council shall make 
a record thereof; and after the first election of the board of education, 
that two members shall be elected each year, in conformity with this 
amendment. (As amended by an act approved March 29, 1869). 

1. The act of 1887 providing- that school districts acting- under special 
charters may hold elections at the time provided by general lav/ for the elec- 
tion of school directors, and that such election may be held at such place in 
the school district as may be designated by the board of directors or board of 
education, was repealed by the act approved May 31, 1889, revising the 
school law^. Smith v. The People, 154-58. 

§ 4. Said board shall have the exclusive control over the school 
lands, funds and other means of said district for school purposes, and 
shall have full power to do all acts in relation thereto; to promote 
the end herein designed, may sell or lease said lands or other lands or 
property which may have been or may hereafter be donated, pur- 
chased or designed for school purposes in said district, on such terms, 
for cash or credit, and such time as they may see proper; they shall 
have full power to receive conveyances or donations, and to make the 
necessary deeds or leases of lands; and all conveyances by the board 
shall be signed and acknowledged before some competent officer by 
the president and secretary of said board: Provided, however, that 
no sale or lease of land for more than one year shall be made without 
the concurrence of said board of education. A majority of the direc- 
tors, with or without the president, shall constitute a quorum for the 
transaction of business, and in the absence of the president, they may 
appoint one of their own body president pro tempore. The president 
shall only vote in case of a tie, when he shall have a casting vote. 



206 

§ 5. Said board shall have full power to buy or lease sites for 
school houses, with the necessary grounds therefor, to erect, hire or 
purchase buildings for school houses, and keep them in repair; to 
furnish schools with necessary books, fixtures, furniture, apparatus, 
and library or libraries; to establish, conduct and maintain a system 
of graded schools, to be kept in one or more buildings in said school 
district; to sujoply the insufficiency of school funds for the payment 
of teachers, and other school purposes and expenses, by school taxes, 
to be levied and collected as hereinafter provided; to determine the 
number, make the appointment and fix the amount of compensation 
of teachers within said district, and to appoint a general superinten- 
dent of schools, prescribe his duties and fix his salary; and to appoint 
all other agents and servants, and fix their pay. Provided, that the 
said directors shall in no case receive any compensation except such as 
may be determined and fixed by the city council ; to prescribe the studies 
to be taught, and books to be used, including maps, charts, globes, 
etc.; to lay off and divide saiddistrict into smaller districts, and to alter 
the same, or to erect new ones at pleasure; to pass by-laws, rules and 
regulations to carry their powers to complete execution, and for the 
government of their own body, their officers, agents and servants ; and 
providing for their meetings and adjournments, and generally to have 
and possess all power and authority necessary for the proper estab- 
lishment and control of an effective system of graded schools within 
said district; and they shall visit each and all the schools therein as 
often as may be necessary. 

§ 6. It shall be the duty of said board of education, and they shall 
have full power to determine the amount of money needed and to be 
raised for school purposes, over and above the amount from the school 
funds hereinbefore enumerated, or from other sources: Provided, 
said board shall not for any one year require to be raised more than 
one per centum for the benefit of said schools, on the assessed value 
of the real and personal property of said city for each year, without a 
majority of the voters of said city authorize them to do so, at an elec- 
tion to be held for that purpose at such time, and conducted as the 
board may direct, nor shall said board or city council make any loan 
whatsoever for school purposes, without a previous authority by such 
vote; but with the concurrence of a majoricy of such voters, it shall 
be lawful to raise such sum either by taxation or loan, as said board 
may see proper; and the first day of August of each year, they shall 
determine the amount required to be collected by taxation for expen- 
diture for one year from the first day of January the next ensuing, 
for school purposes generally, and certify the amount to the city 
council of Jacksonville. 

§ 7. It shall thereupon be the duty of the city council to levy said 
sum or so much therof, as they may deem necessary, on all the real 
estate and personal property of said city, according to the assessment 
and valuation thereof, for the current year, equally, by a certain rate 
pet centum, and collect the same as city taxes are collected. A 
special column shall be prepared in the city duplicate, headed "school 
X)urposes" in which shall appear the amount of tax for school pur- 
poses, chargeable against each parcel of real estate, or amount of per- 



207 

sonal property, and when said taxes are collected, the treasurer shall 
keep a separate account of the same, and they shall be used and ap- 
plied for school purposes only, and shall be paid only on the order of 
said board. 

§ 8. It shall be the duty of the board to cause an abstract of the 
whole number of children under the age of 21 years, within 
said district, to be made, and furnish the same with such further in- 
formation as is required in sections 86 and 79, of an act to establish 
and maintain a system of free schools, approved February 16th, 1847, 
to the school commissioner of Morgan county, Illinois, within ten 
days after the same shall have been ascertained, and the school com- 
missioner shall pay annually to the said board for the exclusive use 
of said district, the amount the district is entitled to receive from the 
funds that are or may be in his hands, subject to distribution for the 
support and benefit of the schools in said county, in accordance with 
the provisions of the free school law now in force, the same as if no 
special charter had been conferred upon the schools of the city of 
Jacksonville. 

§ 9. The city council of the city of Jacksonville are hereby vested 
with full power to borrow such sums of money, being subject to the 
restrictions contained in the seventh section of this act, as they may 
deem necessary for school purposes in said district, at a rate of in- 
terest not exceeding ten per centum, per annum, which may be made 
payable semi-annually at such place as may be agreed uj)on, and the 
money when so borrowed, shall be placed under the control of the 
board of education. 

§ 10. The treasurer and clerk of the city of Jacksonville, shall be 
the treasurer and clerk of the board of education, and the board shall 
determine their duties, compensation and amount of security to be 
given. 

§ 11. Said board shall cause all funds not needed for immediate 
use, to be loaned at the rate of 10 per centum, per annum, payable 
semi-annually in advance. No loan shall be made for a longer period 
than five years, and if exceeding $100.00, shall be secured by unen- 
cumbered real estate of at least double the value of the loan, without 
estimating perishable improvements. For any sum of $100.00 and 
under, good and satisfactory personal security may be taken. 

§ 12. All notes and securities shall be to the board of education, 
for school purposes, and the borrower shall be at all expenses of ex- 
amining titles, preparing and recording papers. 

§ 13. In settling the estates of deceased persons, debts for school 
purposes shall be preferred to all others, except those attending the 
last illness of the deceased, and his funeral expenses, including the 
physician's bill. 

§ 14. If default be made in the payment of interest, or of the 
principal when due, interest at the rate of 12 per centum, per annum, 
on the amount due shall be charged from the default, and may be re- 
covered by suit. Suit may be for the interest only, whether the 
principal be due or not, and if the interest be not paid within ten days 



208 

after the same becomes due, the principal at the option of the holder 
of the note shall thereby become due, and may be recovered by suit if 
necessary. 

§ 15. All judgments for principal or interest or both, shall draw 
interest at the rate of ten (10) per cen/ from the rendition of judgment, 
and said board may purchase in property sold on execution or decrees 
in their own favor, as in cases. No judgment for costs shall be ren- 
dered against said board, to be paid out of the school funds. 

§ lb. If the security for any loan or other debt due the school 
district, in the judgment of the board becomes doubtful or insecure,, 
they shall cause the debtor to be notified thereof, and if he shall not 
immediately secure the same to the satisfaction of the board, the 
principal and interest shall thereby become due immediately, and suit 
may be brought against all makers of the note, although such condi- 
tion or stipulation be not inserted in the note. 

* *- -* * * * * 

§ 18. All officers under this act shall hold their offices until their 
successors are appointed and qualified; removal from his ward by any 
director, shall vacate his office, and whenever a vacancy shall occur in 
the office of director, the city council of Jacksonville shall supioly the 
same iipon notice thereof by the clerk of said city, which appointment 
shall be for the unexpired term only. 

1. Where a charter provides that members of school boards shall hold office 
until their successors are appointed and qualified, a failure to hold an elec- 
tion during any year does not dissolve the board or create a vacancy. Smith 
V. The People, 154-58. 

2. The adoption of minority representation in a city council, pursuant to 
the general law, v^rhich throws the election of the city officers into every 
second year, does not abrogate a provision of the special charter of such city 
that members of the board of education shall be elected annually. Ibid. 

§ 19. Said board of education shall publish annually the state- 
ment of the number of pupils instructed the preceding year, the sev- 
eral branches of education pursued, the receipts and expenditures of 
each school, specifying the sources of such receipts and the object of 
such expenditure. 

§ 20. Said board shall have the power to admit persons who do 
not reside within said district into said school upon such terms as 
may be agreed. 

§ 21. All free white persons over the age of 6 years and under the 
age of 21 years, residing within said district, shall be admitted to said 
school free, or upon the payment of such rates of tuition as the board 
shall prescribe, but nothing herein contained shall prevent persons 
being suspended, expelled or kept out of said school altogether for 
improper conduct. (As amended by an act approved March 29. 
1869.) 

§ 22. There shall be maintained at least one school for colored 
children, to be under control of the board. 

§ 23. In purchasing or leasing grounds or buildings for school 
purposes, said board of education may do so on credit, and when the 
price and condition of the purchase or lease is agreed upon, the board 
may certify the same to the city council of Jacksonville, and the city 



209 

council shall make or cause to be made to the proper party the bonds 
or obligations of said city, for the payment of the purchase money 
according to said terms, or said board may execute in their own name 
said contract, bond or obligation, and they shall be binding upon said 
city: Pr'ovided, a majority of the city council shall consent to the 
same; and the city council shall provide for the payment of the same 
and the interest thereon as it becomes due, as though they were exe- 
cuted by the city of Jacksonville, and under her corporate seal. 
Appeoved Feb. 15, 1867. 

JOLIET SCHOOL DISTRICT. 

An Act to reduce the law incorporating the city of Joliet and the 
several acts amendatory thereof into one act, and to amend the same. 

Chaptee XI. 

Section 1. The city of Joliet shall be divided into two school 
districts, as follows: All that portion of the city lying west of the 
Desplaines river shall constitute District Number One, and all that 
lying east of said river shall constitute District Number Two. 

§ 2. There shall be elected at the first election held under this act, 
three school inspectors in each school district; one in each district to 
hold his office one year, one two years, and one three years, to be de- 
termined by lot, so that one inspector shall be elected in each district 
in each year thereafter to hold his office for three years. 

§ 3. That all buildings, lots and property belonging to the several 
school districts within the jurisdiction of said city, are hereby vested 
in said city for school purposes. 

§ 4. The city council shall have power: 

First — To build, erect, repair, purchase, hire or lease buildings for 
school houses and other school purposes. 

Second — To buy, condemn and appropriate, or lease sites and lots 
for school houses and the necessary grounds. 

Third — To furnish schools and school houses with the necessary 
library, furniture, apparatus, fixtures, appurtenances and conven- 
iences. 

Fourth — To establish and maintain schools, and to levy and collect 
taxes for the payment of teachers, and all other expenses necessary 
for the proper support of such schools. 

Fifth — To fix the amount of compensation to be allowed to teachers. 

Sixth — To prescribe the school books to be used and the studies to 
be used in the different schools. 

Seventh — To prescribe the duties of the board of school inspectors. 

Eighth — To demand and receive from the trustees of schools of 
township 85 North, range 10, in the county of Will, and from the 
treasurer of the school fund of said township, semi-annually, such 
portion of the interest of said school fund and such other funds as 
the school districts of said city, or the schools therein, are now or 
hereafter may be by law entitled to receive. 

—14 S L 



210 

Niiith— And generally have and possess all the rights, powers and 
authority necessary for the proper regulation and management of 
schools in said city, and to enact and enforce such ordinances, by- 
laws and regulations as may be necessary to carry their powers and 
duties into effect. 

§ 5. It shall be the duty of the board of school inspectors on or 
before the last Tuesday in each school year, to publish in the corpor- 
ation newspaper a full report of the number of pupils instructed in 
the year preceding; the several branches of education pursued by 
them; the amount paid to each teacher; the incidental expenses of 
each school, and the receipts and expenditures of the respective 
schools, specifying the sources of such receipts and the object of 
such expenditures. 

§ 6. That all that part of section 3 which is east of the Desplaines 
river, the whole of section 2, the west half of section 11, the east 
quarter of section 10, in township' 35 North, range 10 East of the 3rd 
principal meridian, be, and the same are, added to and made a part 
of the School District No. Two, and section 4, and that part of sec- 
tion 3 lying west of the Desplaines river in the same township, is 
hereby added to and made a part of School District No. One, in said 
city of Joliet, for school purposes and for no other, and the said city 
is hereby fully authorized and empowered to levy and collect taxes on 
all property of all kinds in said territory hereby annexed, the same 
as in other parts of said city, for the erection of buildings, leasing and 
repairing school houses, and furnishing the same, purchasing libraries 
and the necessary apparatus therefore, and support and maintenance 
of schools, and for all other school purposes, and for no other pur- 
pose; and to have and exercise all neccessary jurisdiction over said 
territory, and the property and rights of property therein, fully to 
carry out and into effect the provisions of this section; and the legal 
voters of said territories hereby attached, are hereby authorized to 
vote for school inspectors of said city or in any ward of said city, in 
their respective school districts, and are hereby declared eligible to 
the office of school inspectors in their respective school districts. 
Separate ballot boxes for each ward shall be provided, in which the 
inspectors of election shall receive all votes cast for school inspectors, 
the names for which shall be on a separate ticket. 

Approted Jan. 31, 1857. 

JOLIET SCHOOL DISTRICT AGAIN. 

An Act to provide for the election of boards of inspectors in certain 

cases. 

Section 1. Be it enacted by the People of the State of Illinois, 
represented in the General Assembly : That in every city in this 
State whose schools have been oi3erating under the provisions of spe- 
cial acts and are governed by a board of school inspectors, and where 
such city, together with territory added thereto for school purposes, 
includes two districts for the purpose of electing six insjDectors (three 



211 

ill each district) and one district for all other school purposes, there 
shall continue to be elected a board of school inspectors, consisting 
of six members (three in each district) and one inspector at large, 
who shall be chosen for a term of three years. 

§ 2. Such board of inspectors, when elected and qualified, shall 
have power, in addition to the powers conferred upon it by special 
law and the general school law, to employ teachers, janitors and such 
other employes as the board of inspectors shall deem necessary and 
to fix the amount of their compensation; to buy or lease sites for 
school houses, with the necessary grounds; to build, erect, lease or 
purchase buildings suitable for school purposes; to repair and im- 
prove school buildings and to furnish them with the necessary sup- 
plies, fixtures, apparatus, libraries and fuel: and such board of in- 
spectors shall have full power, and it shall be the duty of such board 
of inspectors to take the entire supervision and control of the schools 
of such district. 

§ 3. The board of school inspectors shall have the power to levy a 
tax, annually, upon all of the taxable property of such district, in the 
manner provided by article 8 of the general school law, for the pur- 
pose of maintaining free schools, in accordance with the powers con- 
ferred by section 2 of this act. All moneys raised by taxation for 
school purposes, or received from the State common school fund, or 
any other source, or now held or hereafter collected for school pur- 
poses, shall be paid to and held by the township treasurer as a special 
fund for school purposes, subject to the order of the board of school 
inspectors, upon warrants signed by the president and secretary 
thereof, or a majority of said board. 

1. The taxing- power should not be held to exist in a body seeking" to exer- 
cise such power unless the power is conferred upon such body in clear and 
unequivical terms. People v. Mottinger, 215-256. 

§ 4. The title, care and custody of all school houses and school 
sites belonging to such districts shall be vested in the trustees of 
schools of the townships in which such districts are situated: Pro- 
vided, however, that the supervision and control of such school houses 
and school sites shall be vested in the board of inspectors of such dis- 
tricts. 

§ 5. The trustees of schools of townships in which such districts 
are situated are hereby vested with the power to alter or change the 
boundaries of such school districts when petitioned as provided for 
by the general school law. 

§ 6, "An act extending the powers of boards of school inspectors 
elected under special acts," approved June 19, 1893, as amended by 
an act approved June 11, 1897, and an "Act increasing the number of 
school inspectors elected under special acts from six to seven mem- 
bers," approved March 6, 1895, and all other acts and parts of acts 
inconsistent with the provisions of this act are hereby repealed. 

Appeoved May 12, 1905. 



212 

KANKAKEE SCHOOL DISTRICT. 

An Act to incorporate the Kankakee School District 

Section 1. Be it enacted by the People of the State of Illinois, 
represented in the General Assembly: That the territory embraced 
within the limits described as follows, to-wit: Commencing at the 
southwest corner of fractional section number thirty-one, in township 
number thirty-one North, of range number twelve East, in Kankakee 
county; thence running north to the northwest corner of said section; 
thence east to the center of section number thirty-three, in said town- 
ship and range; thence south to the south side of said township; 
thence to the north and south line of the center of section number 
four, in township number thirty North of range number thirteen West, 
in said county, and thence south to the Kankakee river; thence down 
said river to a point where the north side of fractional section number 
eight, in said last mentioned township, strikes said river; thence west 
along the north sides of said section number eight and section num- 
ber seven, to the west side of said last mentioned township; thence 
north to the northwest corner thereof; thence west to the place of be- 
ginning, shall constitute a school district, to be kno"wn as the Kanka- 
kee School District. 

§ 2. The government of said school district shall be vested in a 
board of education, to be composed of six persons, to hold their offices 
for three years, and until their successors are ejected and qualified; 
and the said board of education are hereby declared a body politic 
and corporate, by the name and style of "The Board of Education of 
the Kankakee School District"; and by that name may sue and be 
sued, and receive the title to real estate conveyed to the said school 
district, and sell and convey real estate belonging to said board or 
said district; and all school houses, property and real estate belonging 
to the school districts embraced within said school district, is hereby 
conveyed and vested in the said board of education, in fee simple; 
and the said board of education are hereby made the successors of the 
directors of all schools of the school districts merged in or embraced 
within the limits of said district ; and all documents, contracts, indent- 
ures, or instruments in writing, made or issued by said board, shall 
be signed by the president thereof, and attested by the clerk thereof. 

§ 3. On the first Monday of August, A. D. 1865, there shall be 
elected, by the electors of said school district, six persons to consti- 
tute said board of education; and upon their first meeting, they shall 
cast lots for their respective terms of office, two to serve one year, two 
to serve two years, and two to serve three years; and on the first Mon- 
day of August, annually, thereafter, there shall be elected by said 
electors of said district, two persons as members of said board of edu- 
cation, and also, persons to fill any vacancies in said board for unex- 
pired terms, when they occur. Ten days' previous notice of such 
elections shall be given by the clerk of said board, by posting up five 
notices, of the time, place and purposes of such election, in the most 
public places in said school district. Said elections shall be held at 



213 

the court house in said school district, and shall be by ballot. The 
president of said board, and one member thereof, shall be judges of 
such elections, and the clerk of said board shall be the clerk of said 
elections; but if any of said officers shall fail to attend, or refuse to 
act, the electors assembled shall, viva voce, choose persons to act as 
such judges and clerk. A poll book shall be kept by the clerk, regis- 
tering the names of the voters; and the persons receiving the highest 
number of votes cast shall be declared elected. In case of a tie in 
any election, the judges of election shall decide the same by casting 
lots on the day of the election. The elections shall be opened at the 
hour of 1:00 o'clock p. m., and shall be closed at the hour of 4:00 
o'clock p. m.; and the judges and clerks shall certify, to the board of 
education, the names of the persons who were elected members of 
said board, and the number of votes each person voted for received. 
If, between the times of the annual election, any vacancy shall occur 
in said board, by death, removal from said district, or resignation, the 
remaining members of said board shall appoint a person to fill such 
vacancy until the next annual election. 

§ 4. On the second Monday of August, in each year, said board 
of education shall meet together, and organize by electing one of 
their number president of said board, and another of their number 
clerk of said board, and shall appoint a treasurer of said school dis- 
trict, who shall not be a member of said board, and shall hold his 
office for three years, and until his successor shall be appointed, but 
may be removed at any time by said board, and his successor ap- 
pointed. Said president and clerk shall hold their offices for one 
year. The clerk of said board shall be present at all meetings of said 
board, and record the proceedings of such meetings, in records to be 
kept for that purpose; and the result of the aforesaid elections and 
appointments shall be entered in such records ; and said proceedings, 
when recorded, shall be signed by the president and attested by the 
clerk of said board; and the same or certified copies thereof, under 
the hand of said clerk, shall be prima facie evidence in courts and 
elsewhere. Said board shall also meet on the first Mondays of the 
months of November, February and May, in each year, and may 
adjourn from time to time, as they may think proper; and the presi- 
dent or any two members of said board may call special meetings 
thereof, whenever it may seem proper. Four members of said board 
shall constitute a quorum for the transaction of business ; and in the 
absence of the president or clerk, the board may appoint a president 
or clerk pro tempore; and upon the death, removal from said dis- 
trict, or resignation of the president or clerk, the said board shall 
elect persons to fill such vacancy for the unexpired term. 

§ 5. The said board of education shall have the following powers? 
besides those hereinbefore mentioned: 

First. — They shall provide common schooling for all persons re- 
siding within said school district, between the ages of five years and 
twenty-one years, for not less than eight months of each year. 

Second. — They shall have control of all school houses, school lots 
and school property within said school district; shall have piower to 



214 

purchase lots for the erection of school houses thereon, and erect or 
hire buildings for school houses, and keep the same in repair, and 
furnish schools with necessary fixtures, furniture, books, apparatus 
and libraries. 

Third. — Whenever said board of education shall be of the opinion 
that any of the real estate belonging to said board or said district has 
become unnecessary, unsuitable, or inconvenient, or shall, in any way, 
deem it proper to sell such real estate, they may sell and convey the 
same; and all such conveyances shall be signed by the president of 
said board, for and [in] behalf of said board. 

Fourth. — They shall appoint all teachers of the schools of said dis- 
trict, fix their salaries or compensation, and may dismiss such teachers 
at any time. 

Fifth. — They shall direct what branches of learning shall be taught, 
and what books shall be used in the schools. 

Sixth. — They shall establish schools or departments of diflPerent 
grades, and may, either themselves, with the aid of the principal 
teacher of the highest grade or department of the schools of said 
district, or through a committee of three examiners, to be appointed 
by said board, including said teacher, examine scholars, in advancing 
them from grade to grade; and upon passing a sufficient examination, 
upon completing the branches of learning directed by said board, 
scholars shall be entitled to a certificate from said board, under the 
hand of said president, and attested by said clerk, that such scholar 
has graduated at the said school ; and they shall make all necessary 
rules and regulations for the admission of pupils, and the govern- 
ment of the schools of said district; and may suspend or expel pupils 
guilty of refractory or incorrigible conduct, or possessed of any in- 
fectious or contagious disease, and may appoint agents and servants 
upon any matter conducive to the interests of said district. 

Seventh — For the purpose of building a high or central school house, 
and other school houses and additions thereto, and repairing and im- 
proving the school houses of said district, and purchasing lots or real 
estate for such buildings, and libraries and apparatus, it shall be law- 
ful for said board to borrow money, at a rate of interest not to exceed 
10 per cent per annnm, and issue bonds therefor, in sums of not less 
than $100, which bonds shall be signed by the said president, and 
attested by the said clerk, for and in behalf of said board: Provided, 
that the bonds issued by said board, and outstanding, shall not at any 
one time exceed 2 per cent, on the dollar of the assessed value of the 
real and personal property of said district; and the said board shall, 
prior to the second Monday of September, annually, estimate the 
amount of money necessary to be raised by a special tax for school 
purposes in said district during the ensuing year, and find what rate 
per cent, this amount will require to be levied, which shall not exceed 
2 per cent, on the assessed value of the real and personal property of 
said district, and which rate shall be certified by the said president, 
and attested by said clerk, and returned to the clerk of the county 
court of Kankakee county, on or before the second Monday of Sep- 
tember, annually ; and which certificate may be in the following form : 



'2i6 

We hereby certify, that the board of education of Kankakee School District 

requires the rate of per cent, on the dollar to be levied on the 

taxable property of said school district, for the year 18. ., for school purposes. 

Dated this day of , A. D. 18. . 

A B , President. 

Attest: C D , Clerk. 

The money thus raised shall be appropriated by the said board to 
the various objects for which it was intended, and shall be collected 
in the same manner as school taxes are collected under section 45 of 
the act entitled "An act to establish and maintain a system of free 
schools," approved Feb. 18, 1857, or any laws of this State that may 
hereafter be passed for the collection of school taxes, and shall be paid 
over by the collectors to the treasurer of said district. 

§ (3. The treasurer of said school district, within ten days after his 
appointment, shall execute a bond, with two or more good and suffi- 
cient sureties, to be approved by said board, to be filed with the clerk 
thereof, in a penalty to be fixed by and running to said board, condi- 
tioned that he would keep, and, from time to time, pay over all moneys, 
upon the order of said board, that he should receive as such treasurer, 
and deliver over to his successor in office all books, papers, securities, 
property, and moneys in his hands as such treasurer, and faithfully 
discharge the duties of his office; and it shalJ be the duty of said 
treasurer to receive and keep all moneys of the said board; and all 
moneys due said board shall be paid to said treasurer, and shall keep 
a true and accurate account of the same, and of all moneys he shall 
pay out, in a record to be kept for that purpose, and shall pay out no 
moneys excepting on the order of said board, and shall retain vouchers 
for all moneys he shall pay out, and shall receive 1 per cent, upon all 
moneys received and paid out by him, for his services; and he shall 
settle with the said board at least once in each year, and oftener, if 
the said board shall require. All orders of said board on the said 
treasurer shall be signed by the president, and attested by the clerk, 
and shall state for what purpose given ; and a minute of the same shall 
be made by the clerk in the proceedings of said board. 

§ 7. The said school district shall be entitled to receive a pro 
rata share of the State, county and township school funds, the same 
as given to other school districts of Kankakee county; and the said 
board shall require the teachers or the principal teacher of the schools 
of said district, shall keep and return schedules, according to section 
fifty-three of the above mentioned act, and according to any laws that 
may hereafter be made in this State upon said subject, amending or 
changing the same; and separate schedules, containing the list of 
scholars living in township number thirty North of range number 
thirteen West, in Kankakee county, and those living in township 
number thirty-one North of range number twelve East, in said county, 
shall be made for each township; and the clerk of said board shall 
cause said separate schedules, or copies thereof, under his hand, to 
be filed with the township treasurers of said townships, before the 
semi-annual meetings of the trustees of schools of said townships, in 
the months of April and October in each year, or other times that 
may be fixed by law for the distribution hereafter mentioned; and 



216 

said trustees of schools shall distribute to said school district a pro 
rata share of the amount of State, county and township funds, accord- 
ing to the number of children under twenty-one years of age, and the 
attendance certified in said schedules or copies, or according to any 
other basis upon which said funds shall be distributed, as may here- 
after be fixed by law, in the same manner and proportion as made 
to other school districts of said townships, which shall be paid over 
by the said township treasurers to the treasurer of said district; and 
in case of any irregularities or omissions in said schedules, or the 
copies thereof, or neglect in not making or filing the same with said 
township treasurers, as aforesaid, the said trustees of schools, or 
other distributing ofiicers that may be hereafter created, shall not 
fail to distribute to said school district its share of said funds on that 
account, but shall proceed to obtain a correct enumeration of children, 
if no enumeration has been made, and statement of such attendance 
upon the schools of said district, or require such enumerations and 
schedules, or copies thereof, to be made; and it shall be the duty of 
the said board to cause the said clerk to certify to the said trustees 
of schools of said townships, on or before the last day of September, 
in each year, the number of children under twenty-one years of age, 
and between the ages of five years and twenty-one years, living in 
said separate townships of said school district, and any and all other 
information called for under the common school law. (Repealed by 
an Act approved February 22, 1867; revived by an Act approved 
March 24, 1869.) 

§ 8. No person shall be qualified to serve as a member of the said 
board, or to be an elector at any of the foregoing elections, unless he 
shall have been, for thirty days previous thereto, a resident of said 
school district, and a citizen of the United States, either by birth or 
naturalization. 

§ 9. That the directors of schools of the different school districts 
now embraced within the said school district shall compose a board 
of education for said school district, until the election of said board 
next August, as above provided for; and that the said directors, as 
such board of education, shall assemble at the court house, in said 
district, on the first Monday of April next, and organize by appoint- 
ing one of their member president, and another clerk of the said 
board; and also, shall appoint a treasurer of said district, to hold his 
office until the ensuing election. 

§ 10. The treasurers of the above mentioned townships shall pay 
over to the treasurer of said district all moneys and funds belonging 
to the several districts embraced within said school district; and the 
said school district shall pay the debts and liabilities of the said 
school districts embraced within said district; and the inhabitants 
living within said school districts so thrown in said district, but out- 
side the limits of said district, shall have the privilege of sending 
their youths and children to the schools of said district, until the 
first day of April, A. D. 1866, but this section is not intended to 
apply to those school districts where their school houses are outside 
the limits of said district. 



217 

§ 11. The said board of education may admit pupils from other 
parts of Kankakee county, and elsewhere, upon such terms and 
charges of tuition as they may deem proper. 

§ 12. This act shall be deemed and taken to be a public act, and 
shall be in force from and after its passage. 

Approved Feb. 16, 1865, 

KANKAKEE SCHOOL DISTEICT AGAIN. 

An Act to amend an act entitled, ''An act to incorporate the Kanka- 
kee School District,^ approved Feb. 16, 1865. 

Section 1. Be it enacted by the People of the State of Illinois, 
represented in the General Assembly : That the board of education 
may issue bonds in conformity with the provisions of said act, to the 
amount of $30,000.00; but that the bonds issued by said board and 
outstanding, shall not at any one time exceed that amount. 

§ 2. That all that portion of township number thirty-one (31), of 
range number (12) East of the third principal meridian, which lies on 
the west side of the Kankakee river, be and the same is hereby ex- 
cluded from said school district. 

^ ^ ^ ^ ^ ^ ^ 

§ 4. All prior acts or parts of acts inconsistent with the provis- 
ions of this act are hereby repealed. 

§ 5 This act is declared to be a public law, and shall take effect 
and be in force from and after its passage. 

Approved Feb. 22, 1867. 

KANKAKEE SCHOOL DISTRICT AGAIN. 

An Act to amend an act entitled '■An act to incorporate the Kan- 
kakee School District,'' approved Feb. 16, 1865. 

Section 1. Be it enacted by the People of the State of Illinois, 
represented in the General Assembly : That the board of education 
of said school district shall have power to issue bonds, at a rate of in- 
terest not to exceed \0 per centum, per annum; but that the whole 
amount of such bonds outstanding at any one time shall not exceed 
$40,000.00. 

§ 2. The said board of education shall have power to levy upon 
the taxable property of said district, annually, a tax not exceeding ten 
mills upon the dollar of such taxable property, to pay interest upon 
such bonds and indebtedness. 

1. A school district which has issued bonds to the full amount limited by 
its special charter for building- purposes may levy a tax for building purposes 
at the legal rate, and any surplus remaining after paying matured bonds 
issued for building purposes, and interest on outstanding ones, may be used 
for building purposes. Cincinnati, Lafayette & Chicago Railway Company v. TJie 
People, 206-387. 

§ 3. This act shall take effect and be in force from and after its 
passage. 

Approved March 30, 1869. 



218 

KICKAPOO UNION SCHOOL DISTRICT. 

An Act to establish and form the Kickapoo Union School District, 

Section 1. Be it enacted hy the People of the State of Illinois, 
represented in the General Assembly: That ail that district of 
country lying in townships twenty-two (22) and twenty-three (23) 
North, range three (3) East of the third principal meridian, in the coun- 
ty of McLean and State of Illinois, and embraced within the following 
boundaries, to- wit: Commencing at the southeast corner of section 
twenty-eight (28), township twenty-three (28), range three (3) East, 
running north one-quarter (^) mile, thence west one and one-half (1^) 
mile, south one-fourth (^) mile, thence west one-half (^) mile, south 
one-fourtli (^) mile, west one (1) mile, south three-fourths (f) mile, to 
the town line between township twenty- two (22) and twenty-three 
(23), thence east one (1) mile, south one-half (^) mile, east one-fourth 
(^) mile, south one-half (|) mile, east one-fourth (^) mile, south one- 
half (I) mile, east one-half (^) mile, south one and one-half (1|) mile, 
east one and three-fourths (If) miles, north one and one-fourth (1^) 
mile, east one-fourth (^) mile, north three-fourths (f ) mile, west one- 
fourth (^) mile, north one-half (^) mile, west one-half (|) mile, north 
one-half (^) mile to the town line between the townships before men- 
tioned, thence north one (1) mile, west one-fourth (^) mile, to the 
place of beginning, is hereby made and constituted a permanent school 
district by the name of "The Kickapoo Union School District," and 
that no territorj^ shall ever be taken therefrom, except by act of 
Legislature. 

§ 2. That the public schools of said district shall be under the 
exclusive management and control of six persons, to be elected and 
qualified as hereinafter specified, and known as "The Board of Edu- 
cation of Kickapoo Union School District;" which board of education 
and their successors in office shall be a body corporate and politic, 
by the name and style aforesaid, and may have a common seal and 
change the same at pleasure, and, as such board, may contract and 
be contracted with, sue and be sued, plead and be impleaded, in any 
court of law and equity in this State, and as such board and in such 
name, shall be the legal successors of the trustees of schools and 
school directors in the territory embraced herein, and shall be and 
are hereby invested, in their corporate capacity, with the title, care, 
custody and control of all lands, lots, schools houses and buildings, 
school libraries and apparatus, and shall receive all money and other 
property belonging or in any way accruing to said district or to any 
part thereof, for the use and benefit of public schools therein, with 
full power to use and control the same in such manner as they may 
think will best promote the interests of the public schools and the 
cause of free education, not inconsistant with this act ; and said board 
shall, also be capable of receiving any gift, grant, bequest or devise 
of real or personal property made for the use and benefit of public 
schools in said district ; and all moneys accruing to said district for 
school purposes under any law of this State shall be paid over to the 
treasurer of said board of education. 



219 

§ 3. That, for the purpose of organization, the following persons, 
viz: A. M. Savidy, James Montgomery, J. B. Weaver, P. B. Price, 
T. B. Savidy and T. Z. Hall, shall be and are hereby made and con- 
stituted a board of education for said district, until the next regular 
time of holding elections for school directors established by the gen- 
eral school law of this State, and until their successors are elected 
and qualified, at which time the qualified electors of said district, 
shall, upon the usual notice being given, elect six (6) members of 
said board, who, with their successors in ofiice, shall compose and 
constitute said board of education and first incorporators under this 
act, two of whom shall serve for one year, two for two years, and two 
for three years. The time that each shall serve shall be determined 
by lot, and annually thereafter there shall be chosen, in the same 
manner, two members of said board, each of whom shall serve for the 
period of three years and until their successors are elected and quali- 
fied. Such intermediate vacancies as may occur in said board shall 
be filled by the remaining acting members until the next annual 
election, when such vacancy or vacancies shall be filled by the 
electors of said district. 

§ 4. That said first mentioned board, within ten days after the 
taking effect of this act, shall meet, and after having each taken an 
oath to properly and faithfully perform the duties of members of said 
school board and to support the Constitution of the United States 
and State of Illinois, organize, by appointing one of their number 
president and one clerk and appointing some person, not of their 
number, treasurer, but who shall be a resident of the district. That 
said treasurer shall hold his office during the pleasure of the board, 
and before entering upon the duties of such ofiice, shall give bond 
payable to said board of education of the Kickapoo Union School 
District, in such sum, not less than double the amount which may 
probably be in his hands at one time, and with such security as may 
be approved by said board, and to be kept by them, conditioned for 
the faithful discharge of all his duties as school treasurer; and the 
said subsequent board, chosen or elected as herein provided, shall 
meet within ten (10) days after their election and take the oath and 
organize in accordance with this section. 

§ 5. The said board may hold stated meetings at such times and 
places in said district as they may appoint, four members of said board 
at all meetings thereof constituting a quorum to do business — the pres- 
ident having a vote only in case of a tie; that special meetings may be 
called at any time by the president or any two members, by giving 
one day's notice of the time and place of the same: Provided, that 
if the president of the board shall be absent from any such meetings 
a temporary president may be appointed; and said board may pass 
and enforce such by-laws, rules and regulations, for their own govern- 
ment of the clerk and treasurer, not inconsistent with this act, as they 
may deem proper, and, by resolution, shall direct the payment of all 
moneys that shall come into the hands of the treasurer; and no money 
shall be paid out of the treasury except in pursuance of such resolu- 
tion and on written order of the president, countersigned by the 
clerk. 



220 

§ 6. All school lands, school funds and other real and personal 
estate, notes, bonds or obligations, belonging to townships number 
twenty-two (22) and twenty-three (23) North, of range three (3) East 
of the third principal meridian, in the county of McLean, and State 
of Illinois, held or owned for school purposes by said township, shall 
be divided between the said Kickapoo Union School District and the 
portion of the said township without the same, in the proportion and 
manner following, to-wit : The school trustees of said township shall, 
within thirty days after the taking effect of this act, appoint three 
commissioners, who are free holders, one a resident of said district 
and the others residents of said township within said district, who, 
after being duly sworn to well and truly discharge their duties, shall 
ascertain the whole number of persons under the age of 21 years re- 
siding in the whole of said district and the number in said townships 
within said districts, and the whole number within said townships, 
and thereupon said trustees shall divide and apportion said funds, 
real and personal estate, notes, bonds and obligations of said town- 
ships, between the said district and the balance of the said townships 
without said district, in the proportion of the whole number of per- 
sons under 21 years of age in each, shall bear to the number in the 
whole of said townships. Said trustees shall have power to supply 
vacancies occuring among said commissioners, and compensate them 
for such services, in such amount as they shall deem proper and 
right. 

§ 7. Said trustees or other person or persons having control or 
custody of said funds, property, bonds or obligations, shall, upon such 
divisions being made, pay over, assign, transfer and deliver to the 
board of education of Kickapoo Union School District the portions of 
the funds and other personal estate, notes, bonds and obligations to 
which said school district may be entitled, and execute and deliver to 
said board of education the necessary deeds and other conveyances 
for the share of real estate due said district under such divisions; 
which funds and other personal and real estate, notes, bonds and ob- 
ligations shall be and remain under the full and entire control and 
power of the said board of education, for the use and benefit of said 
district, subject only to the provisions of the general school law of 
this State defining the powers and duties of school trustees. 

§ 8. The board of education of such district is hereby required to 
make out and cause to be made out and furnish to the school super- 
intendent of said McLean county, an abstract of the whole number of 
white children under the age of 21 years, at the times and in the man- 
ner required by law of other ofiicers under the general school laws of 
this State; and said superintendent or other proper officer shall pay 
to the treasurer of said district its proportion of the school, college 
and seminary fund, of the two mill tax, interest, fines and other 
moneys or special taxes distributed according to the laws in force for 
such apportionment or distribution, treating such district for this 
purpose the same as a township. 

§ 9. The said board of education shall establish and maintain a 
sufficient number of free schools for the education of every person re- 



221 

siding in said district, over the age of 6 years and under the age of 
21 years, and shall make the necessary provisions for continuing said 
schools in operation not less than six months nor more than nine 
months in each year, and, for the purpose of more successfully ac- 
complishing this end, the said board shall have power: 

First — To rent, lease or purchase grounds and sites for school 
buildings. 

Second — To hire, purchase or erect, in accordance with the provis- 
ions of this act, houses and buildings to be used for school purposes 
and to keep the same in proper repair. 

Third — To furnish the schools in said district with all the neces- 
sary fixtures, furniture and apparatus. 

Fourth — To establish in said district as many primary schools and 
those of higher grades as said board shall deem proper; to determine 
the branches or studies to be taught in such department or grade, 
and to prescribe and enforce rules and regulations for the admission 
of pupils into the same and for the promotion from one grade or de- 
partment to another, and also to determine the text books and other 
articles to be used therein. 

Fifth — To hire and appoint all the teachers of said schools, estab- 
lish rules respecting their qualifications and how the same shall be 
determined, fix the amount of the salaries or compensation of each 
teacher, and may dismiss any teacher at any time : Provided, that 
nothing herein contained shall be so construed as to supersede the 
necessity of every teacher first procuring a certificate from the county 
superintendent of common schools, as is now '•equired by the general 
school laws of this State. 

Sixth — To lay off and subdivide said districts into as many sub- 
divisions, for school purposes, as circumstances and the interests of 
schools therein may be thought to require, and, from time to time, to 
change the same or create new ones. 

Seventh — To appoint three persons, whose duty it shall be to con- 
duct all examinations of pupils for admission to any department or 
grade of said schools, or for promotion therein, and to appoint other 
officers, committees or agents, as they shall deem best or most con- 
ducive to the interests of said schools. 

Eighth — To have power to suspend or expel pupils for disobedient, 
refractory, incorrigibly bad conduct, or for failure to comply with all 
the rules and regulations adopted by the board for the government of 
said schools. 

Ninth — To have and possess all the rights, powers and authority 
necessary for the proper management of schools and school funds and 
the carrying out of the true spirit and interests of this act and that 
may be necessary to establish and perfect a good and thorough sys- 
tem of public instruction in graded free schools in said district. 

§ 10. The said board, in addition to the powers now given by law 
to school directors and the powers herein granted, shall possess all 
the powers and privileges of trustees of townships, for school pur- 
poses, and shall be recognized and regarded by the school superin- 
tendent, county clerk and all other officers of this State as possessing 



222 

all the powers, privileges and rights of trustees of congressional town- 
ships of this State, and are hereby required to perform for said dis- 
trict all the duties of trustees, as well as those of directors, not incon- 
sistent with this act. 

§ 11. It shall be the duty of the board of education and they shall 
have full power to determine the amount of money needed and to be 
raised for school purposes for each year, over and above the amount 
derived from the school funds heretofore enumerated or from other 
sources, and to levy the same, annually, on the taxable property of 
the district, and have it collected in the same manner as other school 
directors do under the general school law; which levy or tax shall not 
in any one year exceed 2 per centum of the assessed valuation of all 
the property in said district subject to taxation therein. 

§ 12. Said board may, also, at any time they may deem necessary, 
borrow any sum or sums of money, for a term not exceeding one year, 
and a rate of interest not exceeding 10 per centum, per annum, to be 
expended for general school purposes, for purchasing school house 
sites and for repairing and improving school buildings: Provided, 
that the total amount of moneys so borrowed and unpaid at any one 
time shall not exceed 1 per centum of the assessed valuation of the 
real and personal property subject to taxation in said district. 

§ 13. That whenever said board of education shall deem it neces- 
sary to purchase or erect a school house or school houses and other 
necessary buildings for this said district, they shall call a meeting of 
the legal voters in said district, by giving at least ten (10) days' notice 
of the time and place and object of said meeting, by posting up or 
causing to be posted up at least three written or printed notices in 
three of the most public places in said district ; and the president of 
said board or in his absence one of the other members shall act as 
chairman of said meeting, and after appointing some one of their 
number clerk, may determine, by a majority vote, upon the erection 
of a school house or school houses and other buildings, and the 
amount of money to be raised for that purpose, and the time or times 
when the same shall be paid; which money so voted, shall be levied 
by said board and collected from year to year, in such amounts each 
year as shall have been determined by said meeting, the same as other 
taxes are collected for school purposes: Provided, that said levy 
shall not exceed for any one year 3 per centum of the assessed valu- 
ation of the taxable property of said district; and the said board of 
education, for the purpose of raising the money so voted, may issue 
bonds, which shall be executed by the president and clerk, in sums of 
not less than 1100.00 each, bearing interest not exceeding 10 per 
centum, per annum, and running for such time as may be necessary. 

§ 14. All persons over the age of six (6) years and under the age 
of twenty-one (21) years shall be admitted into said schools free: 
Provided, said board may, at their option, have power to charge and 
collect a reasonable tuition fee from each pupil that pursues the study 
of any other language therein than the English or German; and said 
board shall have power to admit persons who do not reside in said 
district, or who are over 21 years of age into said schools, upon such 



228 

terms as they may deem proper; but nothing herein contained shall 
be so construed as to prevent persons from being suspended, expelled 
or kept out of such schools altogether for the reasons hereinbefore 
mentioned. 

§ 15. Neither the treasurer nor any member of the board shall 
receive any compensation for his attendance at the meetings of the 
same, nor for the performance of its ordinary duties; but for extra- 
ordinary services reasonable compensation may be allowed, the board 
to determine what are extraordinary services and what is reasonable 
compensation therefor. 

§ 16. It shall be the duty of the president and clerk to sign all 
papers and documents of said board, and the same are hereby de- 
clared legal and binding, when signed. 

§ 17. For any neglect or failure (except through sickness of him- 
self or family) by any member or treasurer of said board of education 
to fulfill and perform the duties required of or imposed upon him by 
any of the provisions of this act. he shall be liable to a penalty of ten 
(10) dollars for each default, to be recovered by an action of debt, at 
the suit of any person who may complain — one-half of said fine to go to 
the informer, the other half to be paid to the treasurer of said 
district. 

§ 18. The treasurer shall, as often as required by the board, make 
due and full report to them, which report shall be open to the inspec- 
tion of any citizen of said district, of the finacial condition thereof, 
giving the amount of money on hand and from what sources derived, 
the amounts paid out since the last report and for what purpose and 
such other items as the said board or the general school law may re- 
quire. 

§ 19. The present directors of Union District No. Six (6), shall 
be the directors of this contemplated district, from the taking eifect 
of this act until the proper organization of said board is effected 
thereunder. 

§ 20. All prior acts and parts of acts inconsistent with the pro- 
visions of this act are hereby repealed. 

§ 21. This act is hereby declared to be a public act, and shall take 
effect and be in force from and after the first (1st) day of April, in 
the year of our Lord one thousand eight hundred and sixty-nine. 

Appeoved March 31, 1869. 



LACON UNION SCHOOL DISTRICT. 

An Act to incorporate the Lacon Union School District. 

Section 1. Be it enacted by the People of the State of Illinois, 
represented in the General Assembly : That fractional township 30 
North, Kange 8 West of the 3rd principal meridian, including the 
corporate limits of the city of Lacon, shall constitute a school district, 
to be known as the Lacon Union School District. 



224 

§ 2. That a board of education, consisting of six members, a 
majority of which shall be a quorum to do business, shall be elected 
by the legal voters of said district on the first Friday of April A. D. 
1857; two of said board holding their ofiice for the term of one year, 
two for the term of two years and two for the term of three years, and 
that two shall be elected annually threafter on the first Friday of 
April, to hold their office for the term of three years and until their 
successors are elected and qualified. They shall, when elected sever- 
ally take an oath faithfully to discharge the duties of their office 
according to the best of their judgment and ability. 

§ 3. The boara of education shall cause their clerk to post up 
notices of the time and place of holding said election in at least five 
of the most public places in said district. Said notices shall be 
posted up at least ten days previous to the day of election. Two of 
the members of the board of education shall act as judges and one as 
clerk of said election: Provided, that the trustees of schools shall 
cause the notice for the first election under this act to be posted up, 
two of whom shall act as judges and one as clerk of said election. 

§ 4. The said board of education when so elected and their suc- 
cessors in office shall be successors of the present board of trustees of 
schools; they shall be a body corporate and politic, by the name and 
style of "The board of education of the Lacon Union School District," 
and may have a common seal and change the same at pleasure, and 
as such, may contract and be contracted with, sue and be sued, plead 
and be impleaded in and before any tribunal having jurisdiction. 
Any member of the board having received five days notice that such 
vote will be taken, may be removed from office for improper conduct 
by the concurring vote of all the other members of the board. In 
case of a vacancy by such removal or otherwise between the times of 
election, the same shall be filled by the remaining members of said 
board by appointment, and the person so appointed shall hold the 
office until the next election and until his successor is elected and 
qualified; and he shall have all the powers and shall be required to 
perform all the duties as if he had been elected to said office at a 
regular election. 

§ 5. It shall be the duty of the board of education to hold regular 
meetings once each month during the year, and they may meet by 
adjournment at such other times and places as they may think proper; 
and the president of the board, or any two members thereof, may call 
a special meeting of the board by giving five days notice of the time 
and place thereof by publication in one of the city papers or by per- 
sonal service of a similar notice, in writing, upon all the members of 
the board. Said board shall organize within five days after said 
election, by appointing one of their number president of the board. 
Said board shall also appoint a clerk and treasurer, neither of whom 
shall be required to be members thereof, and said treasurer shall 
execute to said board such official bond, with such conditions and 
security as the board of education may require, and said bond shall 
be at least double the amount of the money that may come into his 
hands. Said president, treasurer and clerk, shall hold their respect- 



225 

ive offices for the term of one year, and the latter two until suc- 
cessors shall be elected and qualified. Said clerk and treasurer may, 
however, be removed from their offices, at any time, by the said board. 
It shall be the duty of the president, when present, to preside at all 
meetings of the board; and it shall be the duty of the clerk to be 
present at said meetings, and to record in a book to be provided for 
that purpose, all the official proceedings of said board, which record 
shall be public and open to the inspection of any person interested, 
and all said proceedings when recorded shall be signed by the presi- 
dent and clerk, and a copy thereof certified by the clerk shall be 
prima facie evidence of such proceedings in courts and other places. 
If the president or clerk shall be absent the board may appoint a 
president and clerk pro tern. The duties of treasurers shall be such 
as shall be prescribed by said board. 

§ 6. It shall be the duty of said board to cause an abstract of the 
whole number of white persons under the age of twenty-one years in said 
Lacon Union School District, to be furnished annually to school com- 
missioners or other proper officer on or before the first day of Novem- 
ber; and the school commissioner, or other officer as aforesaid, shall 
annually pay to the treasurer of said board of education the propor- 
tion of the school, seminary, college fund and State tax to which said 
Lacon Union School District would be entitled according to the num- 
ber of white persons aforesaid under the age of twenty-one years, and 
shall take duplicate receipts therefor, one of which he shall retain, 
the other to be filed with the clerk of the board of education; and 
said board shall also at the same time make a report of the condition 
of all the schools, the text books used, the number of scholars in at- 
tendance, the average daily attendance, all other necessary informa- 
tion that may be required by the general acts of the legislature. 

§ 7. Said board of education shall, on. or before the 1st day of 
September in each year, cause to be raised by taxation, in addition to 
the State and township fund, a sum sufficient for the support of 
schools in said district the ensuing year; said tax to be levied on all 
the taxable property in said district and not to exceed one half of 1 
per cent on the assessed value of said property; they shall fix upon 
and determine the rate per cen/. for each year; they shall make an 
order therefor and shall enter the same on the records of said board, 
and said board shall within ten days thereafter furnish the county 
clerk with a copy thereof certified by the clerk of said board. Said 
county clerk shall compute said tax in the same manner and at the 
same time as the State and county tax, and the same shall be collected 
as other revenue. When so collected it shall be paid by the collector 
to the treasurer of said board of education and duplicate receipts tak- 
en therefor as aforesaid. (As amended by an Act approved March 24, 
1869. 

§ 8. For the purpose of erecting school houses, or purchasing 
schDol house sites, or for repairing and improving the same, for pro- 
curing furniture, fuel and district libraries, the board of education of 
said district shall have power to levy or have levied tax and collected , 

—15 S L 



226 

not to exceed 5 mills on the dollar on all the taxable property of said 
district. Said board shall also have power, for the erection of school 
houses and purchasing sites for school houses, to borrow at a rate of 
interest not to exceed 10 per cent per annum, and issue bonds there- 
for, in sums not less than $100.00; which bonds shall be executed by 
the president and clerk of said board: Provided, that the total in- 
debtedness incurred by said district under this section shall not at any 
time exceed 2 per centum of the assessed value of the real and per- 
sonal property of said district. 

§ 9. The board of education shall transact all the business which 
may be necessary in relation to the schools of said district. 

First — Said board shall establish a sufficient number of schools for 
the education of all persons over the age of 5 and under the age of 21 
years, they shall have power to establish different grades in such 
schools, and put in such a course of study in said grades as they may 
think proper. 

Second — Said board shall cause suitable lots of ground to be pro- 
cured, and suitable buildings to be erected, purchased or rented for 
school houses, and shall supply the same with furniture and fuel, and 
may cause said buildings and other property to be insured, and shall 
make all other provisions relative to schools which they may deem 
proper. 

Third — Said board of education may employ a superintendent, who 
shall, under the direction of the board, have general supervision over 
all the schools. Said board shall by one or more of their number 
visit each one of said schools at least once each month, and shall 
cause the result of said visit to be entered on the records of the board. 

Fourth — Said board shall have power to appoint all the teachers of 
said schools, fix the amount of their salaries, and may dismiss them 
at any time for incompetency, cruelty, negligence or immorality; and 
said board shall direct what branches of learning shall be taught in 
each school, and may suspend or expel from the school any pupil 
found guilty of refractory or incorrigibly bad conduct: Provided, 
hoioever, that in the selection of assistant teacher the superintendent 
may be consulted by the board. 

Fifth — Said board shall have entire control of the school fund of 
said district, whether consisting of the portion of the school, college, 
seminary or towQship fund, belonging and to belong to said district as 
aforesaid or raised by taxation as aforesaid or otherwise, to be used 
and applied by them for the purposes aforesaid, and no money shall 
be paid out of the treasury of said board, except upon the order of said 
board therefor. 

§ 10. Said board of education shall at the end of each year cause 
to be prepared a statement exhibiting the condition of schools, which 
statement shall be substantially as follows, viz: 

First — The whole number of schools which have been taught in 
said year; what number have been taught by males exclusively; what 
number have been taught by females; what part by males and females. 



227 

Second — The whole number o£ scholars in all the schools, giving 
the n amber of males and females in each, and the average daily at- 
tendance in each school. And to enable them to do this they shall 
require the teachers to keep correct schedules of the attendance. 

Third — The aggregate number of male and female teachers, the 
highest, lowest and average monthly compensation paid to teachers. 

Fourth— The amount of money received from school commissioner 
or other officer and from taxes, and the amount of all other funds re- 
ceived into the treasury of the board. 

Fifth — The amount and kind of unexpended funds on hand at the 
end of each year. 

Sixth — The amount paid for teachers' wages, for school house lots, 
for building, repairing, renting, purchasing and furnishing school 
houses, for school apparatus; amount paid as compensation to school 
officers and for other services ; and in every case stating to whom paid 
and for what purpose. 

Seventh— K statement of the total amount received and paid for 
school purposes. 

§ 11. Said board of education may receive any gift, grant, dona- 
tion, devise, bequest or legacy made for the use of any school or 
schools or library or other school purpose within their jurisdiction; and 
they shall be and are hereby invested in their corporate capacity, with 
the title, care and custody of all school houses, school sites, libraries, 
apparatus and other property belonging to said school or schools 
aforesaid or which may be within their jurisdiction, with full power 
to control the same in such manner as they may think will promote 
the interests of the schools and the cause of education ; and when, in 
their opinion, any school or school house site has become unnecessary 
or inconvenient or unsuitable for a school, said board may sell and 
convey the same in the name of the board; and such conveyance as 
well as all other conveyances, contracts and assignments of the board, 
shall be executed by the president and clerk; and the avails of all 
sales shall be paid to the treasurer of said board, for the benefit of 
schools. 

§12. Said board of education may make such by-laws, rules and 
regulations as may be absolutely necessary to the exercise of the fore- 
going powers. 

§ 13. The annual report of the board of education shall be sub- 
mitted at the time of the election for members of the board of educa- 
tion. Said election shall be held at such hour and be conducted in 
such manner as may be prescribed by the board of education: Pro- 
vided, that the election shall be by ballot. 

§ 14. This act shall be deemed a public act and shall take eflPect 
and be in force from and after its passage. 

Approved Feb. 16, 1857. 



228 

LA HAEPE SCHOOL DISTEICT. 

An Act to incorporate the city of La Harpe. 

Section 1. Be it enacted by the People of the State of Illinois, 
represented in the General Assembly : That the inhabitants of the 
town of La Harpe, in the county of Hancock, and State of Illinois, be 
and they are hereby constituted a body politic and corporate, by the 
name and style of "The City of La Harpe;" and by that name shall 
have perpetual succession, and may have and use a common seal, 
which they may change and alter at pleasure. 

* * * * * " * * 

§ 19. The care and superintendence of the common schools within 
the city of La Harpe, together with the funds and estate, both real 
and personal, belonging to and which may be conveyed to La Harpe 
school district, shall devolve upon the city council of the city of La 
Harpe, and they shall have power to appoint, at their first meeting 
after their annual election, in each year, a general superintendent of 
public schools for said city of La Harpe, whose term of office shall be 
for one year and until his successor shall be duly elected and qualified ; 
and his duties and the amount of his salary shall be defined by the 
city council of the city of La Harpe : Provided, hoivever, that the 
said salary shall at no time be paid out of the school fund belonging 
to said La Harpe school district ; and said city council shall have 
power to make all laws and ordinances necessary and proper for the 
management of said common schools, not inconsistent with the Con- 
stitution of this State. 

§ 20. The township funds and estate, real and personal, belonging 
to township seven North, range five West, shall be divided between the 
city of La Harpe and the portions of said township lying without the 
city of La Harpe, as follows: the trustees of schools of township seven 
North, range five West, shall, within three months from and after the 
passage of this act, appoint three respectable householders, one from 
the city of La Harpe, one from township seven North, range five West, 
residing outside of the city, and one residing in township seven North, 
range six West, in said Hancock county, who, or a majority of whom, 
after being duly sworn well and truly to perform their duty, shall 
ascertain as nearly as may be the number of white persons under the 
age of twenty years residing within said township seven North, range 
five West, both within and without the limits of said city of La Harpe, 
and they shall divide and apportion the aforesaid township funds and 
estate according to the number of children under the age aforesaid, 
residing in said township, within and without said city of La Harpe, 
and shall pay over and deliver to said city the distributive share of 
the said township funds and estate aforesaid, to which the said La 
Harpe school district may be entitled, according to the number of 
white persons under the age aforesaid, residing in said township 
within and without the limits of said city, respectively; and the said 
commissioners shall have power to make their deed of partition, and 
convey to the city of La Harpe its distributive share of the real estate 
belonging to the school fund of said township aforesaid; and in case 



229 

tlie commissioners appointed as aforesaid, shall refuse or neglect to 
perform the duties aforesaid, within one month from the time of 
their appointment, the said trustees of schools of said township 
shall have power to appoint others in their stead, either in or out 
of said city of La Harpe, who shall, in like manner, perform the duties 
assigned to the first-mentioned commissioners; and said trustees shall 
have power to make appointments and fill vacancies in the same until 
the objects of this act are carried into effect; Provided, the same shall 
be done within twelve months from and after the passage of this act. 

§ 21. The trustees of schools of said township seven North, range 
five West, shall, upon such partition being made, pay over and deliver 
to the city of La Harpe the funds and deeds to which said La Harpe 
school district may be entitled, according to the division and distribu- 
tion aforesaid, and shall take from the clerk of the city of La Harpe a 
receipt for the same. All school houses in said city of La Harpe 
which have been built by taxation or voluntary contribution shall be 
and remain the property of the city for school purposes, and not sub- 
ject to partition, as provided in the preceding section, but the same 
shall be by said commissioners conveyed to the said city in the same 
manner as the property which may be by them partitioned and set off 
to said city as hereinbefore provided. 

§ 22. It shall be the duty of the city council of the city of La 
Harpe to cause to be furnished to the school commissioner of Han- 
cock county an abstract of the whole number of white children under 
the age of twenty years, residing in said La Harpe school district, 
within ten days after the number shall be ascertained; and the said 
school commissioner shall, annually, pay to the clerk of the city of La 
Harpe the proportion of the school, college and seminary fund to 
which the said La Harpe school district may be entitled, according to 
the number of children under the age aforesaid residing in said dis- 
trict, taking his receipt for the same: Provided, that no abstract of 
the number of children as aforesaid, residing in said La Harpe school 
district, shall be returned to said school commissioner oftener than 
once in two years, as required in other school districts. 

******* 

§ 28. That so much of the act entitled " An act to establish and 
maintain common schools," in force Feb. 16, 1857, and all other acts 
and parts of acts coming in conflict with the provisions of this act, so 
far as relates to said La Harpe school district, is hereby suspended. 

Appeoved Feb. 24, 1859. 

LAKE FOKEST SCHOOL DISTRICT. 

An Act to amend an act entitled "Aji act to incorporate the city of 
Lake Foi'est," approved Feb. 21, 1861. 

Article X. 

Section 1. The care and superintendence of the common or public 
schools, within the city of Lake Forest, together with the funds and 
estate, both real and personal, belonging to the districts embraced 



230 

within the limits of said city, shall devolve upon the city council ; and 
they shall have the power to appoint, at any meeting after their annual 
election in each year, a superintendent of public schools for said city, 
whose term of office shall be for one year, and until his successor shall 
be duly elected and qualified; and his duties and the amount of his 
salary shall be defined by the city council. And the said city council 
shall have power to make all laws and ordinances necessary and proper 
for the management of said schools, not inconsistent with the laws 
and Constitution of this State. 

§ 2. It shall be the duty of the said superintendent to furnish to 
the school commissioner of Lake county an abstract of the whole 
number of children under the age of twenty-one (21) years, residing 
in the said city, within ten (10) days after the same shall be ascer- 
tained; and the said school commissioner shall, annually, pay to the 
clerk of the city of Lake Forest the proportion of the school, college 
and seminary fund to which the said city may be entitled, according 
to the area of said city, and the number of children under the age 
aforesaid residing in said city, taking his receipt for the same. It shall 
be the duty of the city clerk, on the receipt of such money, to pay the 
same over to the treasurer of said city, taking his receipt for the same. 
The abstract of the number of children, as aforesaid, shall be taken 
once in two (2) years, in such manner as the city council shall direct. 

§ 3. All common or public school houses and school property 
within the limits of said city shall belong to the city; and the city 
council shall have power, and it shall be their duty, to divide said city 
into proper school districts, and erect substantial and comfortable 
school houses (in) each of the same. 

§ 4. The township funds, and the estate, real and personal, belong- 
ing to townships forty-three (43) and forty-four (44), range twelve (12) 
East, in the county of Lake, shall be divided between the city of Lake 
Forest and the portions of said townships lying without the city of 
Lake Forest, as follows : The city clerk of said city shall be required 
to give notice, in writing, to the trustees of schools of the said town- 
shij3s, respectively, either by delivering a copy of said notice to each 
of said trustees, personally, or by leaving the same at the residence of 
each of said trustees, respectively; which notice shall be so served at 
least ten (10) days before the term of court to which application shall 
be made, and shall notify said trustees that, at the then next ensuing 
term of the circuit court of the county of Lake, an application will be 
made to the said court to divide the funds and estate of the said town- 
ships, respectively, between said townships, respectively, and the said 
city of Lake Forest, and the said trustees respectively, and the said 
city clerk, shall each be required to appear before the said court, and 
give full and true statements, so far as they and each of them may be 
able, of the number of persons under the age of twenty-one (21) years 
residing within said city, and the portions of said townships, respec- 
tively, without said city, and the amount of funds and estate now 
belonging to each of said townships, and the amount of the same here- 
tofore transferred by either of said townships to said city; and the 
said court, giving credit and allowance for all that may have been so 



231 

transferred, shall fairly and equitably divide and apportion said funds 
and estate, giving to each its fair and equitable share of the same ; and 
the trustees of each of the said townships, respectively, shall thereupon 
convey, transfer and deliver unto the said city of Lake Forest such 
shares or portions of said funds and estate as may be so awarded by 
said court ; and said court shall have power to compel and enforce its 
orders in such behalf. 

Appeoved March 11, 1869. 

LITCHFIELD SCHOOL DISTRICT. 

An Act to reduce the charter of the City of Litchfield and the several 
acts amendatory thereof into one, and to revise the same. 

Aeticle XII. 

Section 1. All those parts of townships number eight (8) and nine 
(9) North, of range five (5) West of the third (8d) principal meridian, 
lying within the corporate limits of the said city of Litchfield, as de- 
fined in article one (1) of this act, with such other parts of said town- 
ships as may be incorporated with- and come under the jurisdiction of 
said city, is hereby created into a common school district, to be known 
as the Litchfield School District. 

§ 2. It shall be the duty of the city council to cause an abstract of 
the whole number of white children under the age of twenty-one years, 
in the Litchfield school district, to be furnished to the superintend- 
ent of public instruction of Montgomery county within ten days after 
the same shall be ascertained; and the said siiperintendent of public 
instruction shall pay, annually, to the clerk of the City of Litchfield 
the proportion of the school, college and seminary fund to which the 
said Litchfield School District may be entitled, according to the num- 
ber of persons under the aforesaid age residing in said district, taking 
his receipt therefor; but no abstract shall be required to be returned 
to the superintendent of public instruction oftener than it is required 
by law in other school districts. 

§ 3. The school land, school fund and other property of the Litch- 
field School District shall be vested in the city of Litchfield. The city 
council shall have power at all times to do all acts and things in rela- 
tion to said school land, school fund and other property which they 
may think proper to their safe preservation and efficient management, 
and sell or lease said lands and all other property which may have 
been or may hereafter be donated to the school fund, on such terms 
and at such times as they may deem most advantageous, and on such 
sale or lease to make, execute and deliver all proper conveyances, 
which said conveyance shall be signed by the mayor or presiding 
officer and countersigned by the clerk, sealed with the corporate seal; 
but the proceeds arising from such sales shall be added to and con- 
stitute a part of the school fund. 

§ 4. Nothing shall be done to impair the principal of said fund or 
to appropriate the interest accruing from the same to any other pur- 



232 

pose than the payment of teachers in the public schools of the district ; 
and should there be any surplus of interest, it shall be carried to and 
form a part of the school fund. 

§ 5. The city council shall have power: 

First — To erect, hire or purchase buildings suitable for school 
houses, and keep the same in repair. 

Second — To buy or lease sites for school houses, with the necessary 
grounds. 

Third — To furnish schools with the necessary fixtures, furniture 
and apparatus. 

Fourth — To maintain, support and establish schools, and supply 
the inadequacy of the school fund for the payment of city teachers 
from school taxes. 

Fifth — To fix the amount of compensation to be allowed to teachers. 

Sixth — To prescribe the school books to be used and the studies to 
be taught in the diflPerent schools. 

Seventh — To lay off and divide the city into smaller school districts, 
and, from time to time, alter the same or create new ones, as circum- 
stances may require. 

Eighth — The city council shall be ex officio trustees and directors 
of schools; but they may appoint six (6) inspectors, or two for each 
ward in the city, to be denominated a board of school inspectors ; and 
shall establish and prescribe their powers and duties. 

Ninth — And generally to have and j)ossess all the rights, powers 
and authority necessary for the proper management of the schools and 
the school lands and funds belonging to the said school district, with 
power to enact such ordinances as may be necessary to carry their 
powers and duties into effect. 

§ 6. The city council shall have power to appoint a school agent, 
who shall have the custody and management of the money, securities 
and property belonging to the school fund of the district, subject to 
the direction of the city council. 

§ 7. The school agent, before entering upon his duties, shall give 
bonds in such amount and with such conditions and securities as the 
city council may require; his compensation shall not be paid out of 
the school fund, and he shall be subject, for misconduct, to the same 
penalties and imprisonment as county commissioners are or may be 
subject to by law. 

§ 8. The school fund shall be kept loaned at interest at the rate of 
10 per cent per annum, payable semi-annually, in advance. No loan 
shall be made for a longer period than five years, and all loans ex- 
ceeding $100 shall be secured by unincumbered real estate of double 
the value of the sum loaned, exclusive of the value of perishable im- 
provements thereon. For sums less than $100, two good securities 
beside the principal shall be required: Provided, the city council shall 
have power to increase the rate of interest by a vote of two-thirds of 
all the aldermen elected. 



283 

§ 9. All notes and securities shall be taken " to the city of Litch- 
field for the use of the inhabitants of said city for school purposes," 
and in that name all suits and actions and every description of legal 
proceedings may be had. 

§ 10. All expenses of preparing or recording securities shall be 
paid exclusively by the borrower. 

§ 11. In the payment of the debts of deceased persons, those due 
the school fund shall be paid in preference to all others, except the 
expense attending the last illness and funeral of the deceased, not in- 
cluding the physician's bill. 

§ 12. If default be made in the payment of interest or of the prin- 
cipal, when due, the same may be recovered by suit or otherwise. 

§ 13. All judgments recovered for principal or interest, or both, 
shall respectively bear interest at the rate specified in the note from 
the rendition of judgment until paid, and in case of the sale of real 
estate thereon, the city of Litchfield may become the purchaser thereof, 
for the use of the school fund, and shall be entitled to the same rights 
given by law to other purchasers. On redemption, 10 per cent inter- 
est shall be paid from the day of sale. 

§ 14. No cost made in the course of any judicial proceeding in 
which the city of Litchfield, for the use of the school fund, may be a 
party, shall be chargeable to the school fund. 

§ 15. If the security on any loan should at any time before the 
same is due, become, in the judgment of the school agent and city 
council, insecure, the agent shall notify the person indebted; and un- 
less further satisfactory security shall be forthwith given by the debtor, 
judgment may be recovered thereon, as in other cases, although no 
conditions to that effect be inserted in the note or other security. 

§ 16. The council shall annually publish, at such times as may be 
prescribed by ordinance, in the newspaper publishing the ordinances 
of the city, a statement of the number of pupils instructed in the year 
preceding, the several branches of education pursued by them, and the 
receipts and expenditures of each school, specifying the sources of 
such receipts and the object of such expenditures. 

§ 17. The school tax shall be paid into the city treasury and be 
kept a separate fund for the building of school houses and the keep- 
ing the same in repair, and supporting and maintaining schools ; and 
should there be at any time a surplus, the same may be paid over to 
the school fund and form a part of the same. 

§ 18. Any person owning land or residing around or adjacent to 
said city, within two miles thereof, may, with his consent and the con- 
sent of the trustees of his township, be annexed to said Litchfield 
School District, and school tax may be levied and collected upon the 
land and property of such person, subject to taxation by the city col- 
lector in the same manner as school taxes within the said district. 

Approved Feb. 27, 1869. 



234 



MACOMB SCHOOL DISTKICT. 



An Act to consolidate the several acts under which the city of 
Macomh was incorporated and to amend the same. 

Aeticle XII. 

Section 1. All that part of township No. five (6) North, of range 
two (2), and No. five (5) North, of range three (8), and No. six (6) 
North, of range two (2), and No. six (6) North, of range three (3), all 
west of the fourth principal meridian, lying within the corporate limits 
of said city of Macomb, with such other parts of said townships as 
may be incorporated with and come under the jurisdiction of said 
city, is hereby created into a common school district, to be known as 
the "Macomb School District." 

§ 2. The school land, school fund and all other real and personal 
estate of said townships shall be divided between the said city of 
Macomb and the portion of the townships lying without the limits 
thereof, in the proportions and manner following: The trustees of 
schools of each of said townships shall, within three months from the 
passage of this Act, appoint two commissioners, who shall be re- 
spectable householders, one of whom shall reside in the city and the 
other in the township without the city, who, after being duly sworn 
well and truly to perform their duties, shall proceed to ascertain, as 
nearly as may be, the whole number of white persons under the age 
of twenty-one years residing in the whole of their respective town- 
ships, and the whole number residing in the said city and without 
said city in the said townships, and thereupon the said trustees of 
each of said townships shall divide and apportion the aforesaid town- 
ship fund and real and personal estate between said city and said 
townships without the city, in proportion of and according to the 
number of persons aforesaid residing within the city and without the 
city, in the said townships respectively; and the said commissioners 
shall have power to make partition of and division of all the funds 
and real and personal estate belonging to the said townships, between 
the city and the portions of the townships without the city, in the 
proportions aforesaid, and, having completed the same, shall make a 
full return of their proceedings to the trustees aforesaid. In case the 
commissioners shall refuse or neglect to perform their duties, the 
trustees shall appoint others in their stead, who shall be chosen, 
sworn and perform the like duties assigned to the first commis- 
sioners ; and the trustees shall have power to fill vacancies and make 
appointments until the objects of this act are carried into effect. 

§ 3. The trustetis of schools of said townships shall, upon such divi- 
sion, partition and return of the commissioners being made, pay over 
and deliver to the clerk of the city of Macomb the funds and other 
personal estate, and make, execute and deliver to the said city of 
Macomb all necessary deeds and other conveyances for the distribu- 
tive share of the real estate of said township to which the said 
Macomb School District may be entitled according to the division 
and distribution aforesaid, and take receipts for the same from the 
clerk. 



285 

§ 4. It shall be the duty of the city council to cause an abstract 
of the whole number of white children under the age of twenty-one 
years in the Macomb School District to be furnished to the school 
commissioner of McDonough county within ten days after the same 
shall have been ascertained; and the school commissioner shall an- 
nually pay to the clerk of the city of Macomb the proportion of the 
school, college and seminary fund to which the said Macomb School 
District may be entitled, according to the number of persons under the 
age aforesaid residing in said district, taking his receipt therefor; but 
no abstract shall be required to be returned to the school commis- 
sioner oftener than is required by law in other school districts. 

§ 5. The school land, school fund and other property of the 
Macomb School District shall be vested in the city of Macomb. The 
city council shall have power, at all times, to do all acts and things 
in relation to said school lands, school fund and other property which 
they may think proper to their safe preservation and efficient man- 
agement, and sell or lease said lands and all other property which 
may have been or may hereafter be donated to the school fund, on 
such terms and at such times as the city council may deem most ad- 
vantageous, and on such sale or lease to make, execute and deliver all 
proper conveyances, which said conveyances shall be signed by the 
mayor or presiding officer, and countersigned by the clerk, sealed with 
the corporate seal, but the proceeds arising from such sales shall be 
added to and constitute a part of the school fund. 

§ 6. Nothing shall be done to impair the principal of said fund or 
to appropriate the interest accruing from the same to any other pur- 
pose than the payment of teachers in the public schools of the dis- 
trict, and should there be any surplus of interest it shall be carried to 
and form a part of the school fund. 

§ 7. The city council shall have power— 

First — To erect, hire or purchase buildings suitable for school 
houses, and keep the same in repair. 

Second — To buy or lease sites for school houses, with the necessary 
grounds. 

Third — To furnish schools with the necessary fixtures, furniture 
and apparatus. 

Fourth — To maintain, support and establish schools and supply 
the inadequacy of the school fund for the payment of city teachers 
from school taxes. 

Fifth — To fix the amount of compensation to be allowed to 
teachers. 

Sixth — To prescribe the school books to be used and the studies to 
be taught in the different schools. 

Seventh — To lay off and divide the city into smaller school dis- 
tricts, and from time to time alter the same or create new ones, as cir- 
cumstances may require. 

Eighth — The city council shall be, ex officio, inspectors of schools, 
but they may appoint seven inspectors, to be denominated ''A Board 
of School Inspectors ;" also three trustees of schools in each district, 
and to establish and prescribe the powers and duties of each. 



236 

Ninth — And, generally, to have and possess all the rights, powers 
and authority necessary for the proper management of schools and 
the school land and funds belonging to the said school district, with 
the power to enact such ordinances as may be necessary to carry their 
powers and duties into eflect. 

§ 8. The city council shall have the power to appoint a school 
agent, who shall have the custody and management of the money, 
securities and property belonging to the school fund of the district, 
subject to the direction of the city council. 

§ 9. The school agent, before entering upon his duties, shall give 
bond in such amount and with such conditions and securities as the 
city council may require; his compensation shall not be paid out of 
the school fund, and he shall be subject for misconduct in office to 
the same penalties and imprisonment as school commissioners are or 
may be subject to by law. 

§ 10. The school fund shall be loaned at interest at the rate of 
10 per cent, pei' annum, payable semi-annually, in advance. No loan 
shall be made for a longer period than five years, and all loans ex- 
ceeding $100.00 shall be secured by unincumbered real estate of 
double the value of the least sum loaned, exclusive of the value of 
perishable improvements thereon. For sums less than $100.00, two 
good securities besides the principal shall be required: Provided, 
the city council shall have power to reduce the rate of interest by a 
vote of two-thirds of all the aldermen elected. 

§ 11. All notes and securities shall be taken to the city of 
Macomb, for the use of the inhabitants of said city, for school pur- 
poses; and in that name all suits, actions and every description of 
legal proceedings may be had. 

§ 12. All expenses of preparing or recording securities shall be 
paid exclusively by the borrower. 

§ 13. In the payment of the debts of deceased persons, those due 
the school fund shall be paid in preference to all others, except 
expenses attending the last illness and funeral of the deceased, not 
including the physician's bill. 

§ 14. If default be made in the payment of interest or of the prin- 
cipal when due, interest at the rate of 15 per cent, upon the same 
shall be charged from the default, and may be recovered by a suit or 
otherwise. Suit may be brought for the recovery of interest only 
when the principal is not due. 

§ 15. All judgments recovered for interest or principal, or both, 
shall respectively bear interest at the rate of 10 per cent, per a7inum, 
from the rendition of judgment until paid; and in the case of the sale 
of real estate thereon, the city of Macomb may become the purchaser 
thereof, for the use of the school fund, and shall be entitled to the 
same rights given by law to other purchasers. On redemption 10 
-per cent interest shall be paid from the time of sale. 

§ 16. No costs made in the course of any judicial proceeding in 
which the city of Macomb, for the use of the school fund, may be a 
party, shall be chargeable to the school fund. 



237 

§ 17. If the security on any loan shonld, at any time before the 
same is due, become, in the judgment of the school agent and city 
council, insecure, the agent shall notify the person indebted thereof, 
and unless further satisfactory security shall be forthwith given by the 
debtor, judgment may be recovered thereon as in other cases, although 
no conditions to that effect be inserted in the note or other security. 

§ 18. The council shall annually publish, at such times as may be 
prescribed by ordinance, in the newspaper publishing the ordinances 
of the city, a statement of the number of pupils instructed in the year 
preceding, the several branches of education pursued by them, and the 
receipts and expenditures of each school, specifying the sources of 
such receipts, and the object of such expenditures. 

§ 19. The school tax shall be paid into the city treasury, and be 
kept a separate fund for the building of school houses, and keeping 
the same in repair, and supporting and maintaining schools; and 
should there at any time be a surplus, the same may be paid over to 
the school fund and form a part of the same. 

§ 20. Any person owning land, or residing around or adjacent to 
said city, within two miles thereof, may, with his consent, be annexed 
to said Macomb School District, and school tax may be levied and col- 
lected upon the lands and property of such person subject to taxation, 
by the city collector, in the same manner as school taxes within the 
said district. 

Approved Feb. 14, 1857. 

NOEMAL SCHOOL DISTRICT. 

An Act to incorporate the town of Normal. 

Article VIII. 

Section 1. The town of Normal, as hereby incorporated, and the 
several additions which may hereafter be made to said town, shall con- 
stitute a school district, and be known as " Normal School District." 

§ 2. The government of said district, for school purposes, shall be 
vested in a board of five persons, to be styled " The Board of Educa- 
tion of Normal School District." 

§ 3. There shall be elected by the qualified voters of said district, 
at the first election for town officers herein provided for, five persons, 
who shall constitute said board, and hold their offices for one, two, 
three, four and five years, respectively, and until their successors shall 
be elected and qualified. At the first meeting they shall draw lots for 
their respective terms of office for one, two, three, four and five years. 
And, thereafter, on the first Monday of March, annually, there shall 
be an election for the purpose of electing one member of said board, 
who shall hold his office for five years and until his successor is elected 
and qualified. All vacancies in said board shall be filled at said an- 
nual elections ; but said vacancy happening between times of the reg- 
ular annual elections, by death, resignation or removal from the dis- 
trict, shall be filled by the remaining members of the board; and the 



238 

person so appointed shal' hold the office till the next annual election 
and until his successor shall be elected and qualified. The meetings 
for said election of said member or members of said board shall be 
notified and called, and the poll-book opened and kept, the votes can- 
vassed and the returns made in the same manner as for election of 
other town officers: Provided, that the ballot for a member or for 
members of the said board of education shall be upon a separate slip 
of paper; and form no part of a ballot for other town officers. In case 
of a tie in any election of members of said board, the judges of elec- 
tion shall decide the same, by lot, on the day of election or as soon 
thereafter as may be. 

§ 4. The said board of education shall be a body corporate and 
politic, by the name and style of " The Board of Education of Normal 
School District:" may have a common seal, and change the same at 
pleasure; and as such may contract and be contracted with, sue and 
be sued, plead and be impleaded in and before any tribunal having 
competent jurisdiction. 

§ 5. It shall be the duty of the said board to hold quarterly ses- 
sions, on the second Monday in March, June, September and Decem- 
ber of each year; and they shall meet, by adjournment, at such times 
as they may think proper; and the president of the board or any two 
members thereof may call a special meeting of the board by giving a 
verbal notice of the time and place and object thereof, or by leaving a 
written notice thereof at the residence of each member of the board. 
And, at all meetings, a majority of the board shall constitute a quorum 
for the transaction of business. Said board shall organize by ap- 
pointing one of their number president; and they shall also elect a 
clerk, who may be a member of the board, and treasurer, who shall 
not be a member of the board, who shall hold their respective offices 
during the pleasure of the board, and until their successors shall be 
elected and qualified. The president shall preside at all meetings of 
the board at which he shall be present; and it shall be the dutj'^of the 
clerk to be present at said meetings, and to record in a book to be 
provided for that purpose, all the official proceedings of said board; 
which records shall be public and open to inspection of any person 
interested; and all said proceedings, when recorded, shall be signed 
by the president and clerk, and a copy, certified by the clerk, shall be 
prima facie evidence of such proceedings in all courts and other 
places. If the president or clerk shall be absent, the board may ap- 
point a president or clerk pro tern. The treasurer shall execute to 
said board an official bond, with good and sufficient secuities — such 
bond to be approved by the board — in such sums as the board shall 
determine, but to be, as nearly as can be ascertained, in double the 
amount of all moneys that will be likely to be at any one time in his 
hands, and conditioned for the faithful performance of his duties as 
treasurer in safely keeping and promptly paying over all moneys 
which he shall receive as such treasurer, as he shall from time to time 
be directed by order of the board or required by law so to do. He 
shall keep a true and accurate record, in proper books for that purpose, 
of all moneys received and paid out, for what purpose and ux3on what 



239 

and whose account ; but he shall pay out no money except upon order 
of the board; and for all money paid out he shall take and file with 
the papers of his office proper vouchers, and he shall settle his ac- 
counts with the board at least once in each year, and oftener if the 
board should so require. 

§ 6. No member of the board shall receive any compensation for 
his attendance at the meetings of the board, nor for the performance 
of its ordinary duties; but for extraordinary services reasonable com- 
pensation may be allowed — the board to determine what are extraor- 
dinary services and the compensation therefor. The clerk and treas- 
urer shall receive such compensation as the board shall prescribe. 

§ 7. The treasurer shall, under the direction of the board, demand 
and receive from the officer or officers having the custody thereof any 
interest or other money from any school fund or other source to which 
the Normal School District, or any part thereof, or the schools or other 
teachers therein would be entitled if this act had not been passed; and 
the money so received from such funds or sources shall be placed in 
the treasury, to be used and expended, under the order and direction 
of the board, for the support of schools and for school purposes, in the 
same manner as other funds that shall come into the treasury by tax- 
ation or otherwise. 

§ 8. The said Normal School District shall be exempt from the 
jurisdiction of trustees of schools in the township in which said 
Normal School District is located, so far as common schools are con- 
cerned; and the school commissioner of McLean county shall, in the 
distribution of the school funds that may come into his hands, appor- 
tion so much of the school fund as said Normal School District may 
be entitled to, upon a jjvo rata distribution of said funds among the 
several townships of said county, to the said Normal School District; 
and, upon the filing of the bond of the treasurer of the said board of 
education, the said school commissioner shall pay over to the said 
treasurer the amount due said district. All taxes levied in accord- 
ance with the provisions of this act, for school puriDOses, shall be paid 
over by the officers collecting the same to the treasurer of the board 
of education; and said board shall have the entire and exclusive con- 
trol of all school funds of said Normal School District, or any part 
thereof, whether consisting of the school, college, seminary or town- 
ship fund belonging and to belong to said district, or any part 
thereof, or derived from taxation, loans or otherwise, to be used by 
them as provided by this act; and they may receive, by gift, grant, 
donation, devise, bequest or legacy, made for the use of any school or 
schools or library or other school purposes within their jurisdiction; 
and they shall be and are hereby invested, in their corporate capacity, 
with the title, care and custody of all lots, lands, school houses, school 
libraries, apparatus and other property belonging or appertaining to 
the common schools of the said district, or any of them, with full 
power to control the same, in such manner as they may think will 
promote the interests of schools or the cause of education, and not 
inconsistent with the provisions of this act; and when, in their opin- 
ion, it may be for the interest of said district to sell any lot or tract 



240 

of land or building belonging to said district, or any part thereof,, 
said board may sell and convey the same, in the name of the board, 
and all such conveyances, as well as all other conveyances, contracts 
and assignments of the board, shall be executed by the president of 
said board; and all conveyances of real and personal estate and 
assignments of choses in action, which shall be made to said board, 
shall be made to said board in its corporate name; and said board 
may purchase and hold such real estate and personal property as may 
be necessary for the establishment and support of schools, and such 
real estate as may be purchased under any sale, upon execution or 
decree, in favor of said board, or in satisfaction of any debts due said 
board; and at any time thereafter may sell and convey the same. 

§ 9. For the purpose of erecting school houses and purchasing 
school sites, it shall be lawful for said board to borrow, at a rate of 
interest not exceeding 10 per cent, per annum., and issue bonds 
therefor, in sums not less than $100.00, which bonds shall be execu- 
ted by the president and clerk of said board, in the name of the 
board, and countersigned by the treasurer of the board; and to secure 
the payment or said bonds said board may mortgage any part or the 
whole property belonging to said board. 

§ 10. The said board shall, on or before the first Monday in 
April in each year, report to the town council of the said town of 
Normal, in writing, respecting all moneys received, how and for what 
purpose expended, with the proper vouchers therefor, and give such 
other information in regard to said schools as they may deem import- 
ant, specifying in said annual report the amount of money necessary 
to be raised by taxation for school purposes for the ensuing school 
year; and the said town council shall, annually, upon the coming in 
of such report, or within thirty days thereafter, proceed to levy a tax 
sufficient to meet such expenses, according to the estimate of said 
board — said tax to be levied and collected as other town taxes are 
levied and collected — upon all the taxable property in said town: 
Provided, said tax shall not for any one year exceed 2 per cent, of 
the taxable property of said town, according to its assessed value. 

§ 11. The said board of education shall have the entire manage- 
ment and control of all the common schools, and transact all business 
which may be necessary in relation to said common schools in said 
district, and shall have all the rights, powers and authority necessary 
for the proper management of the schools and school funds, with the 
power to make all such rules, orders and requirements as they may 
deem necessary to carry their powers and duties into effect and per- 
fect a good system of public instruction and common schools in said 
district. 

§ 12. Said board, at the end of each year of their term of office, 
shall cause to be prepared and published a statement, exhibiting the 
conditions of schools for the preceding year, which statement shall 
be substantially as follow? , viz: 

First — The whole number of schools which have been taught in 
said year. 



241 

Second — What number of teachers have been employed in each 
school, stating the name of each teacher, the time employed and the 
compensation paid. 

Third — The whole number of scholars in all the schools, giving 
the number of males and females in each school, separately, and the 
average number in attendance during the year. 

Fourth —The amount of all funds received into the treasury of the 
board during the year and the sources whence derived, stating the 
amount received from each source. 

Fifth — The amount paid out for salaries, rent, fuel, furniture, etc. 

Sixth — The amount and kinds of unexpended funds on hand at the 
end of the year. 

Seventh — A statement of the total amount received and the total 
amount paid out for school purposes during the year. 

§ 13. Said board shall have power and authority to divide said 
school district into two or more school districts, when, in the opinion 
of the board, it shall seem advisable. 

Appeoved February 25, 1867. 

PAEIS UNION SCHOOL DISTRICT. 

An Act to establish and form the Paris Union School District. 

Section 1. Be it enacted by the People of the State of Illinois, 
represented in the General Assembly : That all that district of coun- 
try embraced within the following boundaries, to-wit: The west half 
(^) of the southwest quarter {\) of section thirty-one (31), township 
fourteen (14) North, range eleven (11) West; the south half (^) of 
section thirty-six (36) and the southeast quarter {\) of section thirty- 
five (35), township fourteen (14) North, range twelve (12) West; sec- 
tions one (1) and two (2), the northeast quarter {\) of section eleven 
(11), and the north half (^) of section twelve (12), township thirteen 
(13) North, range twelve (12) West; the west half {\) of the north- 
west quarter {\) of section seven (7) and the west half {\) of the west 
half (^) of section six (6) township thirteen (13) North, range eleven 
(1] ) West, in the county of Edgar and State of Illinois, is hereby 
made and constituted a permanent school district, by the name of the 
Paris Union School District, and that no territory shall ever be 
taken therefrom, except by act of the Legislature of this State. 

§ 2. That the public schools of said district shall be under the 
exclusive management and control of six persons, to be elected and 
qualified as hereinafter specified, and known as the Board of Edu- 
cation of Paris Union School District, which board of education and 
their successors in office shall be a body corporate and politic, by the 
name and style aforesaid, and may have a common seal and change 
the same at pleasure, and, as such board, may contract and be con- 
tracted with, sue and be sued, plead and be impleaded, in any court 
of law or equity in this State, and as such board and in such name, 
shall be the legal successors of the trustees of schools and school 

—16 S L 



242 

directors in the territory embraced herein, and shall be and are hereby 
invested, in their corporate capacity, with the title, care, custody, and 
control of all lands, lots, school houses and buildings, school libraries 
and apparatus, and shall receive all moneys and other property be- 
longing or in any way accruing to said district or to any part thereof, 
for the use and benefit of public schools therein, with full power to 
use and control the same in such manner as they may think will best 
promote the interest of public schools and the cause of free education, 
not inconsistent with this act ; and said board shall also be capable of 
receiving any gift, grant, bequest or devise of real estate, personal 
property or money, made for the use or benefit of public schools in 
said district; and all moneys accruing to said district for school pur- 
poses under any law of this State shall be paid over to the treasurer 
of said board of education. 

§ 3. That for the purpose of organization the following persons, 
viz: Henry VanSellar, Obed Foote, A. J. Miller, Levi C. Mann, 
George E. Levings and Samuel Graham shall be and are hereby made 
and constituted a board of education for said district until the first 
JMonday in June, A. D. one thousand eight hundred and sixty-nine, 
at which time the qualified electors of said district shall, upon the 
usual notice being given, elect six members of said board, who, with 
their successors in office, shall compose and constitute said board of 
education and first incorporators under this act, two of whom shall 
serve for one year, two for two years, and two for three years ; the 
time that each shall serve shall be designated on the ballots cast. And 
annually thereafter, on the first Monday in June, as aforesaid, there 
shall be chosen, in the same manner, two members of said board, each 
of whom shall serve for the period of three years and until their suc- 
cessors are elected and qualified. Such intermediate vacancies as 
may occur in said board shall be filled by the remaining acting mem- 
bers until the next annual election, when such vacancy or vacancies 
shall be filled by the electors of said district. Elections held in pur- 
suance of this section shall be conducted in the manner prescribed 
by the general school laws of this State for holding elections for 
school officers, three members of said board acting as judges at such 
elections. 

§ 4. That the first mentioned board, within ten days after the 
taking effect of this act, shall meet, and after having each taken the 
oath to properly and faithfully perform the duties of members of said 
board and to support the Constitution of the United States and the 
State of Illinois, organize, by appointing one of their number presi- 
dent and another one of their number clerk and appointing some 
person, not of their number, treasurer, but who shall be a resident of 
the district. The said treasurer shall hold his office during two years; 
but may be removed at any time by the board, for good cause; and 
every subsequent board chosen or elected, as herein provided, shall 
meet within ten days after their election and take the oath and or- 
ganize in accordance with this section. 

§ 5. That said board shall hold one regular meeting in every 
month during the year, at such times and places in said district as 
they may appoint ; four members of said board, at all meetings thereof, 



248 

constituting a quorum to do business, the president having a vote 
only in case of a tie. That special meetings may be called at any 
time by the president or any two members, by giving one day's notice 
of the time and place of the same: Provided, that if the president 
of the board shall be absent from any meeting thereof a temporary 
president may be appointed; and said board may pass and enforce 
such by-laws, rules and regulations for their own government and for 
the government of the clerk and treasurer, not inconsistent with this 
act, as they may deem proper, and, by resolution, shall direct the 
payment of all moneys that shall come into the hands of the treasurer; 
and no moneys shall be paid out of the treasury except in pursuance 
of such resolution and on written order of the president, counter- 
signed by the clerk. 

§ 6. All school lands, school funds, real estate and personal prop- 
erty, notes, bonds and obligations belonging to townships thirteen 
(18) North, range eleven (11) West, fourteen (14) North, range 
eleven (11) West, thirteen (18) North, range twelve (12) West and 
fourteen (14) North, range twelve (12) West, in the county of Edgar, 
and State of Illinois, held or owned for school purposes by said town- 
ships, or either or any of them, shall be divided between the said 
Paris Union School District and the portions of said townships with- 
out said district, in the proportion and manner following, to-wit: 
The school trustees of each of said townships shall, within sixty 
days after the taking effect of this act, appoint two commissioners, 
who are freeholders, one a resident of said district, the other a resi- 
dent of said township without said district, who, after being duly 
sworn to well and truly discharge their duties, shall ascertain the 
whole number of persons under twenty-one years of age residing in 
the part of said district taken from the township of which said 
commissioners are residents and the whole number in said township 
without said district and the whole number within said township, 
and thereupon the trustees of schools of each of the several townships 
aforesaid shall divide and apportion said funds, real estate, personal 
property, notes, bonds and obligations of the said several townships 
between the said district and the portions of said townships without 
said district, in the proportion of the whole number of persons under 
twenty-one years of age in that part of said district lying in any one 
of said townships to the whole number of persons under twenty-one 
years of age in the whole of said townships: Provided, that such 
division of real estate and personal property shall not include a divi- 
sion of the value of school houses, buildings, grounds and furniture 
belonging to districts from which no part of the Paris Union School 
District is taken. Said trustees shall have power to supply any 
vacancy occurring among said commissioners, and compensate them 
for such services in such amount as they shall deem proper and right. 

§ 7. Said trustees or other person or persons having control or 
custody of such funds, property, bonds or obligations, shall, upon 
such division being made, pay over, assign, transfer and deliver to 
the board of education of Paris Union School District the portions 
of the personal property, notes, bonds and obligations to which said 



244 

school district may be entitled, and execute and deliver to said board 
of education the necessary deeds and conveyances for the shares of 
real estate due said district under such divisions; which funds and 
other personal property, real estate, notes, bonds and obligations shall 
be and remain under the full and entire control and power of the said 
board of education, for the use and benefit of said district, subject 
only to the provisions of the general school laws of this State defining 
the powers and duties of trustees of schools. 

§ 8. The board of education of said district shall prepare or cause 
to be prepared by the treasurer or clerk of the board or other persons 
and furnished to the superintendent of schools of Edgar county [on] 
or before the first Monday of October, annually, a report, containing 
the same facts and statistics as are required to be embraced in the 
reports of the township treasurers to the county superintendent of 
schools by the general school laws of the State of Illinois ; and the 
said superintendent or other proper officer shall pay to the treasurer 
of said district its proportion of the school, college, and seminary 
fund, of the two mill tax, interest, fines and other moneys or special 
taxes distributed according to the laws in force, for each apportion- 
ment or distribution, treating such district for this purpose the same 
as a township. 

§ 9. The said board of education shall establish and maintain a 
sufficient number of free schools for the education of every person 
residing in said district over the age of six years and under the age of 
twenty-one years, and shall make the necessary provisions for contin- 
uing such schools in operation not less than eight nor more than ten 
months in each year; and, for the purpose of more successfully 
accomplishing this end, said board shall have power: 

First — To rent, lease or purchase grounds and sites for school 
buildings. 

Second — To hire, purchase or erect, in accordance with the provi- 
sions of this act, houses and buildings for school purposes, and to 
keep the same in proper repair. 

Third — To furnish the schools in said district with all the neces- 
sary fixtures, furniture and apparatus. 

Fourth — To establish in said district as many primary schools and 
those of higher grades as said board shall deem proper; to determine 
the branches or studies to be taught in each department or grade, 
and to prescribe and enforce rules and regulations for the admission 
of pupils into the same, and for the promotion from one grade or 
department to another, and also to determine the text books to be 
used therein. 

Fifth — To hire and appoint all the teachers of said schools, estab- 
lish rules respecting their qualifications, and how the same shall be 
determined, fix the amount of the salary or compensation of each 
teacher, and may dismiss any teacher at any time for good cause: 
Provided, that nothing herein contained shall be so construed as to 
supersede the necessity of every teacher first procuring a certificate 
from the county superintendent of schools, as is now required by the 
general school laws of this State. 



245 

Sixth — To lay off and subdivide said district into as many subdivi- 
sions, for school purposes, as circumstances and the interest of 
schools therein may seem to require, and from time to time to change 
the same or create new ones. 

Seventh— To appoint three persons, whose duty it shall be to con- 
duct all examination of pupils for admission to any department or 
grade of said schools or for promotion therein, and to appoint other 
officers, committees or agents, as they shall deem best or most con- 
ducive to the interests of said schools. 

Eighth — To suspend or expel pupils for disobedient, refractory, or 
incorrigibly bad conduct, or for a failure to comply with all the rules 
and regulations adopted by the board for the government of said 
schools. 

Ninth — To enforce and exercise all rightful authority necessary for 
the proper management of schools and school funds and the carrying 
out of the true spirit and intent of this act and that may be necessary 
to establish and perfect a good and thorough system of graded free 
schools in said district. 

§ 10. The said board, in addition to the powers now given by law 
to school directors and the powers herein granted, shall possess all 
the powers and privileges of trustees of townships, for school purposes, 
and shall be recognized and regarded by the county superintendent of 
schools, county clerk and all other officers of this State as possessing 
all the powers, privileges and rights of trustees of congressional town- 
ships of this State, and are hereby required to perform for said dis- 
trict all the duties of such trustees as well as those of directors, not 
inconsistent with this act. 

§ 11. It shall be the duty of the board of education, and they shall 
have full power, to determine the amount of money needed and to be 
levied and raised for school purposes for each year, over and above 
the amount derived from the school funds heretofore enumerated or 
from other sources, and to levy the same, annually, upon the taxable 
property of said district, and have it collected in the same manner as 
other taxes are collected; which levy or tax shall not in any one year 
exceed two per centum of the assessed valuation of all the property 
in said district subject to taxation therein. 

§ 12. Said board may, also, at any time when they may deem it 
necessary, borrow any sum or sums of money, for a time not exceed- 
ing one year, and at a rate of interest not exceeding ten per centum, 
per anyium, to be expended for general school purposes, for purchas- 
ing school house sites and for repairing and improving school build- 
ings: Provided, that the total amount so borrowed and unpaid at 
any one time shall not exceed one per centum of the assessed valua- 
tion of the taxable property of said district. 

§ 18. That when said board shall deem it necessary to purchase or 
erect a school house or school houses or other necessary buildings, for 
the use of said district, they shall call a meeting of the legal voters of 
said district, by giving at least ten days' notice of the time and place 
and object of said meeting, by }oosting up or causing to be posted up 
at least three written or printed notices in three of the most public 



246 

places in said district ; and the president of said board, or in his ab- 
sence, one of the other members shall act as chairman of said meet- 
ing, and after appointing some one of their number clerk, may deter- 
mine by a majority vote, upon the erection of a school house or school 
houses or other buildings and the amount of money to be raised for 
that purpose — said voting to be by ballot, and to be conducted in the 
same manner that other school elections are conducted; which money, 
so voted, shall be levied by said board in such amounts as the board 
shall deem best, and shall be collected in the same manner as other 
taxes for school purposes are collected: Provided, that said levy 
shall not exceed for any one year three per centum of the assessed 
value of the taxable property of said district ; and the said board of 
education, for the purpose of raising the money so voted, may issue 
bonds, which shall be executed by the president and clerk, in sums 
not less than $100 each, bearing interest not exceeding ten per centum, 
per annum, and running for such times as said board may deem neces- 
sary — such times to be stated in the bonds so issued : Provided, fur- 
ther, that such time shall not exceed five years. 

§ 14. All persons over the age of six years and under the age of 
twenty-one years, residing in said district, shall be admitted into said 
schools free: Provided, said board may, at their option, have power 
to charge and collect a reasonable tuition fee from each pupil who 
pursues the study of any other language therein than the English or 
German ; and said board shall have power to admit persons who do 
not reside in said district or who are over twenty-one years of age into 
such schools, upon such terms as they may deem proper; but nothing 
herein contained shall be so construed as to prevent persons from be- 
ing suspended, expelled or kept out of said schools altogether, for 
reasons hereinafter mentioned. 

§ 15. It shall be the duty of the president and clerk to sign all 
papers and documents of said board, and the same are hereby declared 
legal and binding, when so signed^ 

§ 16. The treasurer appointed by the said board of education shall 
before entering upon the duties of his office, execute a bond, with two 
or more freeholders, who shall not be members of the board, as securi- 
ties, payable to the board of education of Paris Union School District, 
with a sufficient penalty to cover all liabilities which may be incurred, 
conditioned faithfully to perform all the duties of treasurer of said 
board according to law. Said bond to be approved by a majority of 
the board, and to be delivered by a member of the board to the county 
superintendent of schools of Edgar county. The penalty of said treas- 
urer's bond shall be twice the amount of all moneys, notes, bonds, 
mortgages and effects liable to pass through his hands, or be in his 
custody during any one year; and said bond shall be in the form pre- 
scribed for township treasurer's bond by the general school laws of 
this State. 

§ 17. It shall be the duty of the treasurer of said board to loan 
that part of the funds belonging to said district derived from the town- 
ship funds and denominated principal, in the manner and subject to 
the conditions prescribed by the general school laws of this State for 



247 

the government of township treasurers in the loaning of township 
funds ; and no part of said principal shall ever be apportioned or paid 
out in any manner that shall cause a decrease or diminution of the 
amount of the same. Said treasurer shall be allowed to retain a com- 
mission of one per centum and no more, on all funds paid out or 
loaned by him, for the benefit of said district; he shall deliver to his 
successor in office all books, moneys, papers and other property ap- 
pertaining to said office, when ordered so to do by the said board of 
education. 

§ 18. Neither the treasurer nor any member of the board shall re- 
ceive any compensation for his attendance at the meetings of the same, 
nor for the performance of the ordinary duties of members of said 
board, but for extraordinary services a reasonable compensation may 
be allowed, the board to determine what are extraordinary services 
and what is a reasonable compensation therefor. 

§ 19. The treasurer shall, as often as required b}^ the board, make 
due and full report to them — which report shall be open to the in- 
spection of any citizen of said district — of the financial condition 
thereof, giving the amount of money on hand and from what sources 
derived, the amounts paid out since the last report and for what pur- 
poses, and such other items as the said board or general school laws 
of this State may require. 

§ 20. For any neglect or failure, (except through sickness of him- 
self or family) by the treasurer or any member of the board to fulfill 
and perform all the duties required of (or) imposed upon him by any 
of the provisions of this act, he shall be liable to a penalty of ten 
dollars for each default, to be recovered by an action of debt, at the 
suit of any person who may complain, one half of said fine to go to 
the informer, and the other half to be paid into the treasury of said 
district. 

§ 21. The present directors of the districts from which territory 
is taken for the formation of the Paris Union School District shall 
be directors of said districts from the taking effect of this act until 
the proper organization of said board of education is effected there- 
under. 

§ 22. This act is hereby declared to be a public act, and shall 
take effect and be in force from and after the fifteenth day of April, 
in the year of our Lord, one thousand eight hundered and sixty-nine. 

Appeoved March 26, 1869. 

PEKIN SCHOOL DISTKICT. 

An Act to Establish School Districts in the City of Pekin, in Taze- 
well county. 

Section 1. Be it enacted hy the People of the State of Illinois, 
represented in the General Assembly: That all the territory within 
the limits of the City of Pekin, Tazewell county, Illinois, according 
to its present or future boundaries, is hereby erected into a common 
school district, to be known as "The Pekin School District." 



248 

§ 2. All school lands, school funds, and other real or personal 
estate, notes, bonds or obligations, belonging to township number 
twenty-live, range live, and township number twenty-four, range five 
West of the third principal meridian, Tazewell county, Illinois, held 
or owned for school purposes, (shall be divided) between the City of 
Pekin and the portion of the township without the same, in propor- 
tion and in the manner following: The school trustees of said town- 
ships shall, within thirty days after the first election contemplated by 
this act, appoint three commissioners, who are freeholders; one a 
resident of said city, and the others, one from each of said townships 
without the city; who, after being sworn to discharge their duties, 
shall ascertain the whole number of white persons under the age of 
twenty-one years, residing in the said city, and in the townships 
without the city, and thereupon the said trustees shall divide and 
apportion said funds, real and personal estate, notes, bonds and obli- 
gations of said townships, according to the number of white persons 
under the age of twenty-one years residing in said townships. Said 
trustees shall have power to supply any vacancy occurring among said 
■commissioners . 

§ 3. The public schools of said district shall be under the ex- 
clusive management and control of a board of school inspectors, each 
of whom, with the treasurer and secretary of said board, shall be 
sworn to discharge their duties with fidelity. 

§ 4. Said board shall have exclusive control over the school lands, 
funds, and other means of said districts, for school purposes, and 
shall have full power to do all acts and things, in relation thereto, to 
promote the end herein designed, and may sell and lease said lands, 
and other lands and property which may have been or may hereafter 
be donated, purchased or designed for school purposes in said district, 
on such terms, for cash and credit, and at such times, as they may 
deem proper. 

§ 5. There shall be elected in the city of Pekin, by the qualified 
voters of said city, nine inspectors of schools ; and from and after the 
first election, three shall be elected annually, who shall hold their 
offices for three years, and until their successors shall be elected and 
qualified. That (at) the first election for school inspectors, to b© 
held on the third Monday of the month of April, nine inspectors shall 
be chosen, who, at their first meeting, shall determine, by lot, which 
three of them shall hold their offices for the respective terms of one, 
two, and three years ; and the persons so elected, and their successors 
in office, are hereby constituted a body corporate and politic, by the 
name and style of "The Board of School Inspectors of the City of 
Pekin;" and they shall have a perpetual existence, and, by said name, 
shall have power to sue and be sued, plead and be impleaded, in all 
courts and places where judicial proceedings are had; may purchase, 
receive and hold real and personal property within the limits of the 
city of Pekin; and, on the sale of any real estate, may, by resolution 
of said board, to be entered on the minutes of their proceedings by 
the secretary of the board, empower the president of the board to 
convey such real estate, by a good and sufficient deed, under his hand 
and private seal, to the purchaser or purchasers; and such deed, duly 



249 

acknowledged by the president of the board, making of the same as 
other deeds of real estate are required to be by the laws of this State 
then in force concerning the conveyances by individuals, shall convey 
real estate to, and vest all the title and interest of said board of school 
inspectors therein in the grantee or grantees in such deed mentioned, 
their heirs and assigns forever; and the deed of conveyance executed 
by the president of the said board, and duly acknowledged by him, 
shall be prima facie evidence of his having been duly empowered by 
the said board to make such conveyance. That all personal property 
and real estate heretofore conveyed, to be held by said board of school 
inspectors, or by the trustees of schools of townships twenty-four and 
twenty-five, range five West of the third principal meridian, for the 
use of any school district in the city of Pekin, to be held and used or 
leased or sold and conveyed in such manner as they shall deem pro- 
per for school purposes. 

§ 6. The first election for such school inspectors shall be holden 
on the third Monday in the month of April, A. D. 1869, and the third 
Monday in the month of April every year thereafter, The meetings 
for such election shall be notified and called, and the poll book opened 
and kept, the votes canvassed, and returns made, in the same manner 
as meetings for the election of mayor or aldermen; and that, at the 
first election of nine school inspectors, and the annual election of 
school inspectors, as aforesaid, thereafter, the nine persons having 
the highest number of votes shall be declared duly elected, and the 
city clerk, immediately upon the result of the election being made 
known by the proper returns, shall notify the several persons so 
elected of their election. That all vacancies occurring in said board, 
by death, removal or otherwise, as well as those occasioned by the ex- 
piration of the term of office, shall be filled at the annual election 
aforesaid; and thsLt, if the annual election provided for as aforesaid, 
in any year shall not be notified and held at the time when by this 
act it ought to have been, it shall be by the proper officer or officers 
notified, called, held and canvassed and returned some other time 
thereafter; and the persons so elected shall hold their office as in- 
spector for the term for which they would have held if they had been 
elected at the annual election held for the usual time for that year. 

§ 7. The board of school inspectors shall, within two days after 
the election, meet in some place in the said city. The time and place 
of meeting may be notified in writing, by any two of the persons so 
elected. When convened the board shall organize by electing one of 
their number president, and appointing, by ballot, some competent 
person to be secretary of the board, who may or may not be a member 
of the board, as the board shall determine. The board shall appoint 
a treasurer, and shall adopt some rule or regulation fixing the mode 
for calling the future meetings of the board. The secretary of the 
board shall keep a record of the proceedings, in a book to be provided 
for that purpose, and shall do and perform such other duties in rela- 
tion to the schools and education as shall be required of him by the 
rules and regulations to be made and established by the board. The 
secretary and treasurer shall hold their offices for the term of three 
years and until their successors shall, respectively, be appointed and 



250 

qualified. The secretary and treasurer shall be subject to removal for 
good cause, by a majority of all the members of the board; and in each 
of such removals the board shall appoint a competent person to fill the 
vacancy. The treasurer shall give bond, with good and sufficient 
security, to the City of Pekin — such bond to be approved by the 
board of inspectors — in such sums as the board shall determine, but 
to be as nearly as can be obtained in double the amount of all moneys 
that will at any one time come into his hands, and conditioned for 
the performance of his duty as such treasurer, and, especially, faith- 
fully to keep, and, from time to time pay over all moneys that he shall 
receive as such treasurer, as he shall be directed by the board or 
required by law; and for any breach in any of the conditions of said 
board, a suit shall be prosecuted for such breach or breaches against 
the said treasurer, in the name of the city, under the direction and 
supervision of the board; and when any money shall be collected 
thereon, it shall be paid over as the said board shall direct, to be used 
and appropriated as other moneys in the treasury; and if default was 
for the non-payment or on any account of the principal of the town- 
ship school fund, it shall again become a part of the principal of said 
fund. The treasurer shall keep a true and accurate account of all 
moneys received and paid out by him, for what purposes and upon 
what and whose accounts; but he shall pay out no money, except 
upon the order of the board. For all moneys paid out he shall take 
and file with the papers of his office proper vouchers ; he shall settle 
his accounts with the board at least once in each year and oftener if 
the board shall so require. 

§ 8. The treasurer and secretary shall be sworn to the faithful 
performance of their duties. 

§ 9. The board of inspectors shall have power: 

First — To erect, hire and purchase buildings suitable for school 
houses and keep the same in repair. 

Second — To buy or lease sites for school houses and necessary 
grounds. 

Third — To furnish schools with what they shall deem necessary 
fixtures, furniture and apparatus. 

Fourth — To establish, support and maintain public schools for all 
the children of the city, and shall, annually, cause to be submitted to 
the voters of the city the question of taxation for school purposes, in 
the manner hereinafter provided. 

Fifth — To fix the compensation of teachers and establish rules 
respecting their qualifications and how the same shall be determined. 

Sixth — To prescribe school books to be used and studies to be 
taught in the different schools. 

Seventh — To lay off and divide the city into school districts, and, 
from time to time, alter the same or create new ones, as circumstances 
may require. 

Eighth — To establish schools of different grades, and such rules 
and regulations for the admission of pupils into the same, having 
regard to the ages and qualifications of such pupils. 

Ninth — To appoint a board in each school district, of three per- 
sons, to be denominated the district directors, and prescribe by 



251 

established rules and regulations the powers and duties of such 
directors. 

Tenth— To appoint such other officers, committees or agents as 
they shall deem best and most conducive to the well being of the 
schools and of school education in said city. 

Eleventh — And, generally, to have and possess all rights, powers, 
and authority for the proper management of the schools and funds 
belonging to the city, for school purposes, with power to make all 
such rules, orders and ordinances as may be necessary to carry their 
powers and duties into effect and perfect a good system of public 
instruction and schools in said city. 

§ 10. It shall be the duty of the board of inspectors to make 
annual reports, in the month of November, setting forth therein the 
number of public schools in the city, the number of scholars in each 
school, the several branches of education pursued in each, the expend- 
iture of each school, the compensation paid to teachers, the condition 
of the school houses, from what source any funds have been received 
for school purposes and what the condition of such funds, and what 
are the accommodations furnished for pupils, and making any other 
statement and suggestion that they shall deem proper, to aid the cause 
of public schools and of education in the city. Said report, or such 
parts thereof as they shall judge best, to be published in one or more 
newspapers published in said city. 

§ 11. The treasurer appointed by the board shall, under the direc- 
tion of the board, demand and receive of the officer or officers having 
custody thereof, any interest or other money from any school fund of 
the township or State, to which the city, the schools or the teachers, 
who would be entitled if this act had not been passed; and the money 
received from such funds shall go into the treasury of the board of 
inspectors, and be used and expended under the order and direction 
of the board for the support of the schools and school purposes, in 
the same manner as other funds shall come into the treasury by taxa- 
tion or otherwise. 

§ 12. No member of the board of inspectors shall receive any 
compensation for his attendance of the meetings of the board, nor for 
the performance of their ordinary duties, but for extraordinary ser- 
vices reasonable compensation may be allowed. The said board of 
inspectors shall be authorized to allow and pay to the secretary such 
salary or such other compensation for his services and attendance on 
said board as said board shall deem proper. The treasurer shall 
receive such compensation for receiving and disbursing money as the 
board of inspectors shall prescribe. 

§ 13. In the month of November, in each year, and at least three 
weeks before the annual election of mayor and aldermen, the board of 
inspectors shall determine the amount of money which in their 
opinion will be necessary for the support of public schools of the city 
the ensuing year besides what will be received from any school fund 
or from any other source other than taxation ; and they shall publish 
in some one or more newspapers published in the city a brief state- 
ment of the amount expended for school purposes for the preceding 



252 

year, and the amount whicli, in their opinion, will be required to be 
raised by taxation for the support of public schools the ensuing year, 
and also give notice in the same publications that at the next election 
for mayor and aldermen the voters of the city vote for or against levy- 
ing a tax for the support of schools and for school purposes ; and at 
such next election the voters shall vote for or against a school tax, by 
having the appropriate word written or printed upon the ballots for 
city officers; and if it shall appear that a majority of all the voters 
voting on the question are in favor of such tax, then the amount so 
reported by the board of inspectors shall be assessed and collected 
the same as city taxes, and, when collected, shall be paid over by the 
collector to the treasurer of the board; but no greater amount than 
that fixed and reported by the board shall be assessed and collected. 

§ 14. No school in said city, or teacher or pupil thereof, shall 
receive any part of any school funds belonging to the State or town- 
ship or any money raised by taxation that is not a public school, as 
provided for by this act and established and maintained under the 
authority and direction of the board of inspectors. 

§ 15. No teacher of any public school shall receive any compen- 
sation for his or her services in teaching any public school who shall 
not have received a certificate of his or her qualifications from the 
board of inspectors or from such other persons as the board shall au- 
thorize and empower to examine teachers and give certificate of 
qualification. 

§ 16. The several teachers of said schools shall keep a schedule of 
the pupils attending the schools and of their attendance, etc., as is 
now required or may hereafter be required of teachers of schools by 
law; and the said board of inspectors shall make return or report to 
the State superintendent of public schools on all such matters and 
things as is or shall be required by law and the direction of such 
superintendent or any county or township officers, and shall make 
such other report as township officers are or may be required by the 
law of this State. 

§ 17. That for the purpose of enabling the said board of inspec- 
tors to provide additional school buildings in the City of Pekin, the 
common council of said city are authorized to issue bonds of said 
city, from time to time, signed by the mayor of said city and counter- 
signed by the city clerk, in such sums, not exceeding in all fifty thou- 
sand dollars, and payable at such times, not exceeding twenty years 
from their date, and such place or places, with semi-annual coupons 
attached, as the said common council may deem proper. All of said 
bonds shall bear interest not exceeding eight per cent, per annum, 
payable semi-annually, in the City of Pekin; when any of said bonds 
or any part thereof are issued, there is hereby levied annually in the 
City of Pekin, until such bonds are paid, a tax of two mills on each 
dollar's worth of taxable property in said city, to be applied, so far as 
may be necessary, to the payment of the interest and principal of 
said bonds, as the same become due and payable; and it is hereby 
made the duty of the common council of said city, while said bonds 
^are outstanding, to cause to be extended, annually, on the collector's 



253 

book, said tax of two mills on the dollar on the taxable property in 
said city, to be collected as other city taxes in said city. Said tax^ 
when collected, shall be paid into the treasury and constitute a sepa- 
rate and distinct fund, specially pledged to the payment of the 
interest and the principal of said bonds as the same become due; and 
the surplus, if any, after providing for the payment of the said inter- 
est and principal of such said bonds as shall fall due before the 
collection of the next annual tax, shall be paid over annually by the 
city treasurer, to the treasurer of the board of school inspectors of 
said city, to be applied by them like other money in the treasury of 
said board, for school purposes, in said city: Providing, however, 
that said common council may direct to be retained in the city treas- 
ury, from said surplus, any amount which may have been expended 
during the year in purchasing up of any of said bonds not then due. 

§ 18. That the common council of the City of Pekin shall pro- 
vide, by ordinance, for the issuing of said bonds and the delivery of 
them to the board of school inspectors of said city; and the proceeds 
thereof shall be by said board applied exclusively to the purpose of 
buildings, repairing and enlarging and furnishing school houses and 
providing sites therefor in said city. 

§ 19. The common council of the City of Pekin shall, on or before 
the 1st day of September, in each year, while any of said bonds are 
outstanding, determine, by resolution, to be entered on their minutes, 
the amount arising of the said two mill tax shall be retained in the 
city treasury to pay interest and apply to the liquidation of the prin- 
cipal of said bonds for that year; and the clerk of said council shall, 
within five days thereafter, certify the same to the board of school in- 
spectors of said city, together with an estiuiate of the probable amount 
of said tax for said year, and what sums will remain after paying cost 
of collection and deducting the amount retained by the city as afore- 
said, to be paid into the treasury of said board for school purposes. 

§ 20. That the school commissioner of Tazewell county be and is 
hereby authorized, upon the receipt of the Auditor's warrant, to pay 
to the treasurer of the board of school inspectors of the City of Pekin 
a sum which shall bear the same proportion to the amount of the war- 
rant that the number of persons in the City of Pekin, under twenty- 
one years of age, as described by the common school law, shall bear 
to the whole number of persons under twenty-one years in the above 
named Tazewell county; and that said commissioner, after the pay- 
ment of the above stated sum, proceed to make a disposition of the 
remainder of said warrant, as provided by law. 

******* 

§ 22. Any acts of the General Assembly now in force or hereafter 
to be enacted, for creating and establishing a State system of public 
schools, shall not be construed in any manner to repeal, alter or change 
any of the provisions of this act, unless such acts shall specially pro- 
vide for such repeal, alteration or change. 



254 

§ 23. This act is declared to be a public law, and shall take effect 
from and after its passage. 
Approved March 11, 1869. 

PEOEIA SCHOOL DISTRICT. 

An Act to reduce the charter of the City of Peoria, and the several 
acts amendatory thereof, into one act and revise the same. 

Chapter XIII. 

Section 1. There is hereby created a body politic and corporate, 
by the name and style of the " Board of School Inspectors of the City 
of Peoria," who shall have perpetual existence; and by said name 
shall sue and be sued, plead and be impleaded, in all courts and places 
where judicial proceedings are had; and may purchase, receive and 
hold real, personal and mixed estate, and may sell, lease and dispose 
of the same. 

1. The provisions of a special charter of a city creating a board of school 
inspectors of permanent existence as a part of the municipal government, for 
the purpose of supervising and controlling the public school system, is not ab- 
rogated by the city's adoption of the general incorporation act. Trustees of 
Schools V. Board of School Inspectors, 314-30. 

2. Annexation of territory to a city having a apecial charter provision 
vesting the control of the public school system in a board of school inspectors 
as a branch of the municipal government, extends the jurisdiction of the 
board of school inspectors to the schools of the territory annexed, notw^ith- 
standing a part of it is in an adjacent township; and such board is entitled 
to the fnnds in the hands of the various officers collected as taxes for school 
purposes in the annexed territory. Trustees of Schools v. Board of School 
Inspectors, 314-30; Trustees of Schools v. Board of School Inspectors, 115A-479, 
affirmed. 

§ 2. The said board of school inspectors shall consist of the 
mayor of the City of Peoria and two members from each ward (the 
election districts in the township of Peoria to be deemed, for school 
purposes, portions of the wards at which the voting for said districts 
is now or may hereafter be done), who shall be residents of their 
respective wards, and who shall hold their officers, respectively, for 
two years, or until the election and qualification of their successors. 
They shall be divided into two classes, so that one-half shall be 
elected annually. The first class shall be elected on the first Tuesday 
after the first Monday of November, 1869, and every two years there- 
after. The second class shall be elected on the first Tuesday after 
the first Monday of November, 1870, and every two years thereafter. 
The members of the board of school inspectors now in office shall hold 
over until the first Monday of January following the term for which 
they were elected, except those who were last elected, who shall go 
out of office as hereafter provided. All members of the board here- 
after to be elected shall enter upon the duties of their office on the 
first Monday of January following their election, except those then 
elected in 1870 in the wards casting the lowest number of votes, who 



255 

shall Dot enter upon the duties of their office until the first Monday 
in June, A. D. 1871. 

§ 3. All following elections for school insjjectors shall be held on 
the first Tuesday after the first Monday in November, each successive 
year, and shall be notified and called, and the poll books opened and 
kept, the votes canvassed and the returns made along with and as 
part of the^election for city officers of said city and county and State 
elections; and the same registry lists shall be used as in the munici- 
pal and State and county elections. The person receiving the high- 
ests number of votes for said offices, at said elections, shall be de- 
clared elected, and the city clerk, immediately upon the election and 
canvassing of the votes, shall notify the several persons so elected of 
their election; and a majority of the board shall constitute a quorum. 

§ 4. The legal voters of the Town of Peoria shall be entitled to 
vote at all elections for said inspectors held in pursuance of this 
chapter; and the votes of the legal voters residing out of the City of 
Peoria, but within the Town of Peoria, shall be received at the places 
of voting in said City of Peoria as at present provided ; and all vacan- 
cies occurring in said board, by death, removal from wards, or other- 
wise, shall be filled by the legal voters aforesaid; and if the annual 
election provided for as aforesaid shall not be notified and held at 
the time specified in this chapter, it shall be, by the proper officer or 
or officers, notified, called, held, canvassed and returned at some other 
time thereafter; and the j)ersons so elected shall hold their respective 
offices for the term which they would have held if they had been 
elected at the regular election held at the usual time for that year. 

§ 5. At the first regular meeting, in January of each year, or as 
soon thereafter as may be, the said board of school inspectors shall 
choose one of their own number as president of said board, and shall 
also appoint a secretary and treasurer, who may or may not be mem- 
bers of the board. The said secretary and treasurer shall hold their 
offices for one year and until their successors shall be resjpectively 
appointed and qualified. The secretary and treasurer shall be subject 
to removal, by a majority of all the members of the board, and in each 
of said removals, or where a vacancy may occur in said offices by 
death, resignation, removal from the city, or otherwise, the board 
shall appoint a competent person to fill the vacancy. 

§ 6. The secretary shall keep a record of the proceedings of the 
board, in a book to be provided for that purpose, and shall do and 
perform such other duties, in relation to the schools and education 
in said city, as shall be required of him by the rules and regulations 
of the board, and shall be sworn to the faithful performance of his 
duties, and shall receive such compensation as the board may pre- 
scribe. 

§ 7. The treasurer shall receive all the moneys belonging to the 
school funds of the City of Peoria and other moneys under the control 
of said board, and shall keep a true and accurate account of all moneys 
received and paid out by him, for what purpose, and upon what and 
whose account, but he shall pay out no money, except upon the order 
of the board. For all moneys paid out he shall take and file with the 



256 

papers of his office proper vouchers; he shall settle his accounts with 
the board once in each year, and of tener, if the board shall so require ; 
he shall perform such other duties as the board may, by any rule or 
regulation, prescribe; he shall be sworn to the faithful discharge of 
his duties, and shall give a bond to the City of Peoria, with good and 
sufficient sureties, to be approved by the board of school inspectors, 
in such sum as said board shall determine, but to be, as nearly as can 
be ascertained, in double the amount of all moneys that may be in 
his hands at any one time in any one year, and conditioned for the 
faithful performance of his duties as treasurer, and, especially, faith- 
fully to keep, and, from time to time, pay over all moneys that he 
shall receive as such treasurer, as he shall be directed by the board 
or required by law; and for any breach of the conditions of said 
bond a suit shall be prosecuted for such breach or breaches against 
the treasurer and his securities, in the name of the City of Peoria, 
under the direction and supervision of said board of inspectors; and 
when any money shall be collected thereon, it shall be paid over as 
the board shall direct, to be used and appropriated as other money in 
the treasury; but if the default was for the non-payment or on ac- 
count of the principal of the township school fund, it shall again 
become part of the principal of said fund. 

§ 8. The board of inspectors shall hold stated meetings, and the 
president or any two members of said board may call special meetings, 
by notice to each of the members of said board, served personally or 
left at his usual place of abode; and shall have power — 

First — To erect, hire or purchase buildings, suitable for school 
houses, and keep the same in repair. 

Second To buy or lease sites for school houses, with the necessary 
grounds. 

Third — To furnish schools with what they shall deem necessary 
fixtures, furniture and apparatus, 

Fourth — To establish, support and maintain public schools for all 
the children of the city, and determine the rate of taxation for school 
purposes in the manner herein provided. 

Fifth — To fix the compensation of teachers, and establish rules re- 
specting the qualifications and how the same shall be determined. 

Sixth — To prescribe school books to be used, and the studies to be 
taught in the different schools. 

Seventh — To lay off and divide the city into school districts, and 
from time to time alter the same, or create new ones," as circumstances 
may require. 

1. The board of school inspectors are vested with a large discretion in the 
performance of their important duties, and courts will not attempt to control 
its exercise, except in a palpable case where a plain violation of the law is 
manifest. School Inspectors v. The People, 20-525. 

2. To lay off and divide a city or township into school districts, and from 
time to time, alter them or create new^ ones, as circumstances may require, is 
a very difficult duty to perform, and it is not reasonable to expect, however 
just, wise and impartial they may be, that there will be no single complaint. 
It requires much deliberation and the exercise of sound judgment, and in 



257 

such case a court could not well interfere, unless gross injustice had been 
done, or the marks of corruption in the board so evident as to compel the 
court to interpose. Gh'ove v. School Inspectors, 20-533. 

Eighth — To establish schools of different grades, and such rules 
and regulations for the admission of pupils into the same, having re- 
gard to the ages and qualifications of such puijils. 

Ninth — To appoint such other officers, committees or agents as they 
shall deem best and most conducive to the well being of the schools, 
and of education in said city. 

Tenth — And generally to have and possess all the rights, powers 
and authority necessary for the proper management of the schools 
and the fund belonging to the city for school purposes, with power to 
make all such rules and ordinances as may be necessary to carry their 
powers and duties into effect, and perfect a good system of public in- 
struction and schools in said city. 

§ 9. On the sale of any real estate made by said board, they may, 
by resolution to be entered on the minutes of their proceedings, by the 
secretary of the board, authorize and empower the president of the 
board to convey such real estate, by a good and sufficient deed, under 
his hand and private seal, to the purchaser or purchasers thereof, and 
such deed duly acknowledged by the president of the board making 
the same, as other deeds of real estate are required to be, by the laws 
of this State, then in force, concerning conveyances by individuals, 
shall convey real estate to and vest all the title and interest of said 
board of school inspectors therein in the grantee or grantees in such 
deed mentioned, their heirs and assigns forever, and the deeds of con- 
veyance executed by the president of said board and duly acknowl- 
edged by him, shall be prima facie evidence of his having been duly 
empowered by the said board to make such conveyance. 

§ 10. It shall be the duty of the board of inspectors to make an- 
nual reports at the close of each school year, setting forth therein the 
number of public schools in the city, the number of scholars in each 
school, the several branches of education pursued in each, the expen- 
diture for each school, the compensation paid to teachers, the condi- 
tion of the school houses, from what source funds have been received 
for school purposes, and what the condition of such funds, what are 
the accommodations furnished for the pupils, and making any other 
statement and suggestion that they shall deem proper to aid the cause 
of public schools and of education in the city. Said report shall be 
made to the city council, and the board shall also cause the said re- 
port or such parts thereof as they shall judge best, to be published in 
pamphlet form, or in some one or more newspapers published in said 
city. 

§ 11. No member of the board of inspectors shall receive any com- 
pensation for his attendance of the meetings of the board, nor for the 
performance of their ordinary duties, but for extraordinary services 
reasonable compensation may be allowed. The treasurer shall receive 
such compensation for receiving and disbursing money, as the board 
of inspectors shall prescribe. 

—17 S L 



258 

§ 12. On or before the first Tuesday in August of each year, the 
board of inspectors shall determine the amount of money, which, in 
their opinion, will be required to be raised by taxation for the support 
of the public schools of the city the ensuing year, and notify the city 
council of the rate of tax to be levied and collected for that purpose, 
as provided by the second clause of chapter 7 of this act, not exceed- 
ing the percentage authorized by said clause, and the amount so re- 
ported to the city council shall be levied and collected in the same 
manner and at the same time as other city taxes, and when collected 
shall be paid over to the treasurer of the board. 

§ 13. No school in said city, or the teacher or pupils thereof, shall 
receive any part of any school fund belonging to the State or town- 
ship, or any money raised by taxation, that is not a public school, as 
provided by this act, and established and maintained under the au- 
thority and direction of the board of inspectors. 

§ 14. The several teachers of said public schools shall keep sche- 
dules of the pupils attending the schools, and of their attendance, 
etc., as is now required or may hereafter be required of teachers of 
public schools by law, and the said board of inspectors shall make re- 
turns and report to the State superintendent of public schools, on all 
such matters and things as he is or may be required by law, and the 
direction of such superintendent of any county or township officers, 
and shall make such other reports as township officers are or may be 
required to make by virtue of any law in this State. 

§ 15. The board of school inspectors may establish a school or 
schools for the people of color in said city, on such a basis and under 
such rules and regulations and restrictions as they shall deem just 
and proper, the expenditures for such schools to be, in no case, less 
than the amount of taxes paid by the colored population. 

§ 16. The office of trustees of schools of township eight (8) North, 
range eight (8) East, in Peoria county, is hereby abolished, and the 
board of school inspectors of the city of Peoria shall succeed to all 
rights, powers and duties of said trustees ; and the title to all real, per- 
sonal and mixed property, heretofore vested in said trustees, shall 
vest in said board of school inspectors, with power to sell, lease and 
dispose of the same. The power to cause to be extended, levied and 
collected, taxes for the support of free schools, which is now or here- 
after may be, by the general school law of the State, vested in the 
trustees of schools, shall be and is hereby vested in said board of 
school inspectors. 

§ 17. For the purpose of enabling the said board of school inspect- 
ors to provide additional school buildings in the city of Peoria, the 
city council of the city of Peoria are authorized to issue the bonds of 
said city, from time to time, signed by the mayor and countersigned 
by the clerk of said city, in such sums and payable at such times, not 
exceeding twenty years from their date, and at such jAace or places, 
with semi-annual interest coupons attached, as the city council shall 
deem proper: Provided, that the aggregate amount of such bonds 
to be issued, together with those heretofore issued and outstanding, 
for the purposes herein mentioned, shall not exceed at any one time, 



259 

one hundred and twenty-iive thousand dollars. All of said bonds may 
be made payable in the city of Peoria, shall bear interest at a rate not 
exceeding eight per cent per annum, and those payable in the city of 
New York, or elsewhere out of the city of Peoria, not exceeding seven 
per cent per annum, payable semi-annually. The city council of the 
city of Peoria shall provide, by ordinance, for the issuing of said 
bonds, and the delivering of them to the president of the board of 
school directors of said city, and the proceeds thereof shall be, by said 
board, applied exclusively to the purpose of building, repairing en- 
larging and furnishing school houses, and purchasing sites therefor 
in said city. 

§ 18. The tax which the city council is empowered to levy and col- 
lect in pursuance of clause fourth of chapter 7 of this act for the pur- 
pose of paying the interest and principal of bonds issued in pursuance 
of any previous acts, and now outstanding or which may hereinafter 
be issued in pursuance of the foregoing section, shall, when collected 
be paid into the city treasury and constitute a separate and distinct 
fund, specially pledged to the payment of the principal and interest 
of the aforesaid bonds. If there should be a surplus at any time, af- 
ter paying the interest of said bonds or redemption of any bonds is- 
sued by virtue thereof, the city may, in their discretion, order the pur- 
chase of any of said bonds, if they can be purchased upon satisfactory 
terms, or, if no bonds can be purchased, invest said surplus in United 
States securities. 

§ 19. Any act of the general assembly now in force or hereafter 
to be enacted, for creating and enacting a State system of public 
schools, shall not be construed in any manner to repeal, alter or 
change any of the provisions of this act, unless such act shall specifi- 
cally provide for such repeal, alteration or change. 

§ 20. All property, real, personal and mixed, belonging to or 
vested in the trustees of schools of township eight (8) North, range 
eight (8) East, and the board of school inspectors of the city of 
Peoria, heretofore established by law, and all rights and claims, legal 
and equitable, existing in them, are hereby vested in the board of 
school inspectors in the city of Peoria, created by this act, to be had, 
held and enjoyed in as full and ample a manner as they were by the 
former corporation; and all rules, regulations and appointments now 
in force, made by the former corporation, and not inconsistent with 
this act, shall continue in force, until changed, amended or annulled 
by the corporation hereby created, ithe latter corporation being, in 
all respects the successor to the rights and duties of the former cor- 
poration. 

§ 21. That an act entitled "An act to provide for schools in town- 
ship eight (8) North, range eight (8) East, in Peoria county," ap- 
proved March 6, 1867, be and the same is hereby repealed. 

Approved Feb. 20, 1869. 



260 

POLO SCHOOL DISTRICT. 

An Act to iiicorjporate the Polo School District 

Section 1. Be it enacted by the People of the State of Illinois, 
represented in the General Assembly: That all tlie territory within 
the limits of what is now known as the corporation of the town of 
Polo, in the county of Ogle, is hereby constituted a school district, to 
be known as the Polo School District. 

§ 2. The government of said school district for school purposes 
shall be vested in a board of three persons, to be styled "The Board 
of Education of Polo School District," and W. "W. Burns, M. D. 
Swift and A. M. Hitt, the present school directors of school district 
number two (No. 2), town (28) twenty-three North of range (8) eight, 
East of the (4th) fourth principal meridian, in said Ogle county, shall 
constitute the first board of education of said Polo School District, 
and shall hold their office from and after the passage of this act, and 
for one, two and three years respectively from the first Tuesday in 
June, eighteen hundred and sixty-seven, and until their successors 
are elected and qualified. At the first meeting of said board after 
the passage of this act, it shall be determined by lot which of said 
three members shall hold his office for one year from said first Tues- 
day in June, eighteen hundred and sixty-seven, which of said three 
members shall hold his office for two years from said first Tuesday in 
June, eighteen hundred and sixty-seven, and which of said three 
members shall hold his office for three years from said first Tuesday 
in June, eighteen hundred and sixty-seven. 

§ 3. There shall be elected by the qualified voters of said district, 
on the first Tuesday in June, eighteen hundred and sixty-eight, and 
annually thereafter, one member of said board, who shall hold his 
office for three years, and until his successor is elected and qualified. 
The meeting for said election shall be notified by the clerk of said 
board by giving at least ten days notice of the time and place of said 
election, by publishing a notice in a newspaper of said town of Polo; 
and the poll books shall be opened and kept, the votes canvassed and 
returns made, and all other proceedings had in the same manner as in 
elections of president and trustees of the town of Polo. In case of a 
tie in any election, the same shall be decided by lot by the judges of 
election on the day of election. As soon as practicable after this act 
shall become a law, and after each annual election thereafter, the said 
board of education shall appoint some legal voter of said Polo School 
District an alternate member thereof, and in case of a vacancy in said 
board, or of the absence of a regular member from the district, said 
alternate shall have all the powers and perform all the duties of a 
regular member during said absence or until said vacancy is filled, 
which said vacancy shall be filled at the next annual election after 
such vacancy shall occur. The members of said board shall severally 
take an oath to discharge the duties of their office to the best of their 
knowledge and ability. 

§ 4. The said board of educatioji shall be a body corporate and 
politic, by the name and style of "The Board of Education of Polo 



261 

School District," and may have a common seal and change the same 
at pleasure, and as such may contract and be contracted with, sue and 
be sued, plead and be impleaded, in and before any tribunal having 
competent jurisdiction. 

§ 5. It shall be the duty of said board to hold quarterly sessions 
on the first Tuesday of June, September, December and March of 
each year, and they may meet by adjournment at such other times as 
they may think proper, and the president of the board or any two 
members thereof may call a special meeting of the board, by giving a 
verbal notice of the time and place and object thereof, or leaving a 
written notice thereof at the residence of all the other members of 
the board; and at all the meetings a majority of the board shall be a 
quorum to transact business. Said board shall organize by appoint- 
ing one of their number president. They shall elect a clerk, who 
may be a member of the board, and a treasurer, who shall not be a 
member of the board, who shall hold their respective offices during 
the pleasure of the board, and until their successors shall be elected 
and qualified. It shall be the duty of the president, when present, 
to preside at all meetings of the board, and it shall be the duty of the 
clerk to be present at said meetings, and to record in a book to be 
provided for that purpose, all the official proceedings of said board, 
which record shall be public and open to the inspection of any person 
interested; and all said proceedings, when recorded, shall be signed 
by the president and clerk, and a copy thereof, certified by the clerk, 
shall be prima facie evidence of such proceedings in courts and other 
places. If the president or clerk be absent, the board may appoint a 
president or clerk p?'o tern. The treasurer shall execute to said board 
an official bond, with good and sufficient securities, such bond to be 
approved by the board, in such sums as the board shall determine, 
but to be, as nearly as can be ascertained, in double the amount of all 
moneys that will at one time be in his hands, and conditioned for the 
performance of his duties as treasurer, and especially faithfully to 
keep and from time to time pay over all moneys that he shall receive 
as such treasurer, as he shall be directed by order of the board, or re- 
quired by law to do. He shall keep a true and accurate record, in 
proper books for that purpose, of all moneys received and paid out 
by him, for what purpose and upon what and whose account; but he 
shall pay out no money except upon order of the board. For all 
moneys paid out he shall take and file with the papers of his office 
proper vouchers, and he shall settle his accounts with the board at 
least once in each year, and oftener if the board shall so require. 

§ 6. No member of the board shall receive any compensation for 
his attendance at the meetings of the board, nor for the performance 
of its ordinary duties ; but for extraordinary services reasonable com- 
pensation may be allowed, the board to determine what are extra- 
ordinary services, and the compensation therefor. The secretary and 
treasurer shall receive such compensation as the board may prescribe. 

§ 7. The treasurer shall, under direction of the board, demand and 
receive of the officer or officers having the custody thereof, any inter- 
est or other money, from any school fund or any other source to which 
the Polo School District, or any part thereof, or the schools or the 



262 

teachers therein, would be entitled if this act had not been passed; 
and the money so received from such funds or sources, shall be placed 
in the treasury, to be used and expended under the order and direc- 
tion of the board for the support of schools and for school purposes, 
in the same manner as other funds that shall come into the treasury 
by taxation or otherwise. 

§ 8. Said board of education, so far as applicable to the above 
mentioned territory as constituting said Polo School District, and any 
additions to said district which may hereafter be made, shall be the 
legal successors of the trustees of schools of said township twenty- 
three (23) North, of range eight (8) East of the fourth (4th) principal 
meridian, in Ogle county, and shall have the entire and exclusive con- 
trol of all school funds of said Polo School District, or any part there- 
of, whether consisting of the portion of the school or township funds 
belonging and to belong to said district, or any part thereof, or de- 
rived from taxation or loans or otherwise, to be used by them as pro- 
vided in this act, and they may receive any gift, grant, donation, 
devise, bequest, or legacy, made for the use of any school or schools, 
or library, or other school purposes, within their jurisdiction, and they 
shall be and are hereby invested, in their corporate capacity, with the 
title, care and custody of all lands, lots, school houses, school libraries, 
apparatus and other property belonging or appertaining to the com- 
mon schools of the district, or any of them, or which may be within 
their jurisdiction, with full power to control the same in such manner 
as they may think will promote the interest of schools or the cause of 
education, and not inconsistent with the provisions of this act; and 
when in their opinion it may be for the interest of said district, to 
sell any lot or tract of land or building belonging to said district, or 
any part thereof, said board may sell and convey the same in the 
name of the board, and such conveyance, as well as all other convey- 
ances, contracts and assignments of the board, shall be executed by 
the president and clerk of the board of education of Polo School Dis- 
trict, and the money of sales and assignments shall be paid to the 
treasurer of said board for the benefit of schools ; and all conveyances 
of real and personal estate and assignments of choses in action which 
are made to said board, shall be made to said board in its corporate 
name, and said board may purchase and hold such real estate and 
personal property as may be necessary for the establishment and sup- 
port of schools, and such real estate as may be purchased under any 
sale upon execution or decree in favor of said board, or in satisfaction 
of any debt due the said board, and at any time thereafter may sell 
and convey the same. 

§ 9. For the purpose of erecting school houses, purchasing school 
house sites, or repairing or improving the same, or purchasing libraries 
or apparatus, it shall be lawful for said board to borrow money at a 
rate of interest not exceeding 10 per cent, per annum, and issue bonds 
therefor, in sums of not less than $100.00; which bonds shall be exe- 
cuted by the president and clerk of said board in the name of the 
board: Provided, that the bonds issued by said board and outstand- 
ing, shall not at any time exceed 5 per centum of the assessed value 
of the real and personal property of said district. 



263 

§ 10. Said board may also, at any time when they may deem it 
necessary, borrow any sum or sums of money, for a time not exceed- 
ing one year, at a rate of interest not exceeding 10 per cent, per 
armum, to be expended for general school purposes: Provided, that 
the total amount of money so borrowed and unpaid shall not at any 
time exceed 3 per centum of the assessed value of the real and per- 
sonal property of said district; and for the payment of the moneys so 
borrowed, the proceeds of the taxes first paid into the treasury there- 
after, and not especially appropriated by law, are hereby specifically 
pledged and shall be applied in payment of the sums so borrowed, in 
preference to any other debts. 

§ 11. If any judgment shall be obtained against said board, the 
party entitled to the benefit of such judgment may have execution 
therefor as follows, to- wit: It shall be lawful for the court in which 
such judgment shall be obtained, or to which such judgment shall be 
removed by transcript or appeal from a justice of the peace or other 
court, to issue thence a writ commanding the board of education and 
treasurer of said district, to cause the amount thereof, with 10 per 
cent, interest and costs, to be paid to the party entitled to the benefit 
of said judgment, out of any moneys unappropriated of said district, 
and if there be no such moneys, out of the first moneys that shall be 
received for the use of said district, and to enforce obedience to such 
writ by attachment or by mandamus, requiring said board to levy a 
tax for the payment of said judgment; and all legal process, as well 
as writs to enforce payment of a judgment, shall be served either on 
the president or clerk of said board. 

§ 12. Said board shall, on or before the first day of August in each 
year, cause to be raised by taxation for school purposes, including 
the payment of any debts due, or during the ensuing year to become 
due, from said district, such an amount as they shall estimate will, 
together with available means accruing from other sources, be re- 
quired for school purposes in said district for the ensuing year, and 
shall determine, as nearly as practicable, what rate per cent, not to 
exceed three per cent, unless the debts to be paid require it, on all 
the taxable property of said district, must be levied to raise the 
amount so estimated, and shall make an order therefor, and the clerk 
shall enter the same upon the records of the board. It shall be the 
duty of the clerk of said board to make out a certified copy of said 
order, signed by the president of the board and attested by the clerk, 
and within ten days from the passage of said order, present the 
same to the clerk of the board of supervisors of Ogle county. The 
tax so levied by the said board of education shall be assessed and col- 
lected in the same manner, and at the same time, and by the same 
ofiicers, that State taxes are assessed and collected within the limits 
of said district, and the proceeds paid to the treasurer of said board 
of education, after deducting therefrom one-half the per centage 
allowed for assessing and collecting State taxes. 

§ 13. The said board of education shall transact all business 
which may be necessary in relation to common schools in said dis- 
trict. 



264 

First — They shall establish a sufficient number of common schools 
for the education of every person residing in said district over the 
age of 5 years and under the age of 21 years, and shall make the 
necessary provisions for continuing said schools in operation at least 
nine months in every year. 

Second — They shall cause suitable lots of ground to be procured, 
and suitable buildings to be erected, purchased, or rented for school 
houses, and shall supply the same with fuel, furniture and apparatus, 
and may cause said buildings and other property to be insured, and 
shall make all other provisions relative to schools which they may 
deem proper. 

Third — They shall exercise general supervision over the common 
schools of the district, and shall, by one or more of their number, or 
by their agent or agents, visit each one of said common schools at 
least once a month while they are in operation. 

Fourth — They shall appoint all the teachers of said common schools, 
establish rules respecting their qualifications, and how the same 
shall be determined, fix the amount of salary or compensation of each 
teacher, and may dismiss any teacher at any time. 

Fifth — They may direct what branches of learning may be taught, 
and what books shall be used in each school. 

Sixth — They shall have power to establish schools of different 
grades, and the rules and regulations for the admission of pupils into 
the same, having regard to the qualifications of the pupils ; and they 
may suspend or expel from the schools, any pupil found guilty, on a 
full examination and hearing, of refractory or incorrigably bad con- 
duct. 

Seventh — They may lay off and divide said Polo School Di&trict 
into local districts; and from time to time alter the same, or create 
new ones, as circumstances may require. 

Eighth — They may appoint a board of three persons in each local 
district, to be denominated district directors, and prescribe, by estab- 
lished rules and regulations, the powers and duties of such directors, 
and remove them at their pleasure. 

Ninth — They may appoint such other officers, committees or agents 
as they shalll deem best and most conducive to the well being of 
schools and of school education in said Polo School District. 

Teyith — And generally, they shall have and possess all the rights, 
powers and authority necessary for the proper management of the 
schools and the school funds, with the power to make all such rules, 
orders and ordinances as they may deem necessary to carry their 
powers and duties into effect, and perfect a good system of public 
instruction and common schools in said district. 

§ 14. The several teachers of said public schools shall keep 
schedules of the pupils attending the schools, as is now required or 
may hereafter be required of teachers of schools by law; and the said 
board of education shall make return and report to the State superin- 
tendent of public schools, or other proper officer, on all such matters 
and things as are or shall be required by law, and the direction of 
such superintendent or other proper officer, or any county or town- 



255 

ship officers, and shall make such other reports as persons having 
the control of public schools, are or may be required to make by 
virtue of any law of this State. 

§ 15. Said board shall, at the end of each year of their term of 
office, cause to be prepared and published in one or more of the news- 
X^apers published in the town of Polo, a statement exhibiting the 
condition of schools for the preceding year, which statement shall be 
substantially as follows, viz: 

First — The whole number of schools which have been taught in 
said year. 

Second — What number of teachers have been employed in each 
school, stating the name of each teacher, the time employed, and the 
compensation paid. 

Third — The whole number of scholars in all the schools, giving the 
number of males and females in each school separately, and the aver- 
age number in attendance, 

Fourth — The amount of all the funds received into the treasury, 
during the year, and the sources from whence it was received, stating 
the amount received from each source. 

Fifth — The amount paid out, stating in every case for what, and to 
whom, paid. 

Sixth — The amount and kind of unexpended funds on hand at the 
end of the year. 

Seventh — A statement of the total amount received, and the total 
amount paid out, for school purposes during the year. 

§ 16. Any member of said board who shall appropriate to his own 
use any of the funds that may come into his hands, or under his con- 
trol, belonging to said district, for school purposes, shall be deemed 
guilty of a misdemeanor, and upon conviction thereof shall be fined 
in any sum not exceeding $500, and imprisoned in the county jail not 
exceeding one year. 

§ 17. All of the territory which, at the time of the passage of this 
act, is embraced in what is called or known as the corporate limits of 
the town of Polo, and all of the territory now included in the present 
school districts number two and nine, in said township (28) twenty- 
three North, of range eight (8) East, of the (4th) fourth principal 
meridian, shall be included in and constitute a part of said Polo 
school district; and any tract or tracts of land adjoining said district 
may be annexed to it on condition that three-fourths of the legal 
voters residing within the limits of such tract or tracts, shall petition 
the board of education to be annexed to said district, and that their 
petition shall be granted by the unanimous vote of all the members 
of said board. Whenever any territory shall be so annexed to and 
become a part of said district, all the provisions of this act shall be 
applicable to it in the same manner as they would have been if it had 
been embraced within the district at the time of the passage of this 
act. 

§ 18. The provisions of section (16) sixteen of this act shall be 
held to apply to the clerk, treasurer, or any other officer or agent 
elected or appointed in pursuance of this act. 



266 

§ 19. Any officer whose duty it shall be to collect the taxes levied 
by or payable to said board of education, shall, on the last Saturday 
of each month, pay to the treasurer of said board so much of said 
taxes, after deducting his percentage, as he has collected, and not 
paid previous to that time, and for failure to make payments as 
herein required, he shall forfeit to said board, for school purposes, 
his percentage for collecting the taxes, and two per cent, a month on 
the amount so retained from the time it was due until it is paid. 

§ 20. If there is an omission in any year to legally assess the 
school tax levied by said board of education upon any real estate or 
personal property, within the limits of said district, and subject to 
taxation, the taxes thus omitted to be legally assessed shall be added 
to the assessment upon the property the following year, and collected 
and paid into the treasury of said board. 

§ 21. The said board of education are hereby authorized and em- 
powered to select and purchase a site and erect a school building 
thereon, at a cost not to exceed $16,000, and said board of education 
may borrow money for said building purposes, in accordance with the 
provisions of this act. 

§ 22. All prior acts or parts of acts inconsistent with the provi- 
sions of this act, are hereby repealed; and any act of the general 
assembly now in force, or hereafter enacted, shall not be construed in 
any manner to repeal, alter or change any of the provisions of this 
act, unless such act shall specifically provide for such repeal, altera- 
tion or change. 

§ 23. This act is declared to be a public law, and shall take effect 
and be in force from and after its passage. 
Appeoved February 14, 1867. 

PEINCETON HIGH SCHOOL DISTEICT. 

An Act to incorporate the Princeton High School District. 

Section 1. Be it enacted by the People of the State of Illinois, 
represented in the General Assembly: That all the territory now in- 
cluded within the boundaries of the township of Princeton, in the 
county of Bureau and State of Illinois, together with such territory 
as may be hereafter added thereto, be and is hereby established a 
common high school district, to be known as the "Princeton High 
School District." 

§ 2. The government, care and superintendence of the public high 
schools within said district, and of the funds and estate, both real and 
personal, belonging to, and which may be hereafter acquired by or 
conveyed to said district, shall be vested in a board of education of 
said high school district. 

§ 3. The following named persons, to-wit : John H. Bryant, Flavel 
Bascom, Jacob Critzman, Mathew Trimble and George O. Ide, shall 
compose the first board of education of said high school district, until 
their successors are duly elected and qualified as hereinafter provided. 



267 

It shall be the duty of said persons or a majority of them, to assemble 
within sixty days after the passage of this act, at the court house in 
said Bureau county, and organize as such board of education by elect- 
ing one of their number president, and one as clerk of said board. 
They shall appoint a treasurer of said high school district, and shall 
have all the powers, and be governed in all other respects by the 
provisions of this act, so far as the same may be applicable. The said 
persons, or a majority of them, shall have the power to fill vacancies 
in their number occasioned by declination, disqualification, resigna- 
tion, death, or removal from said high school district. 

§ 4. The persons composing said board of education, provided for 
in the third section of this act, shall hold their offices as follows: two 
of them until the first Tuesday of June, 1868, two until the first Tues- 
day of June, 1869, and the fifth until the first Tuesday of June, 1870. 
The respective terms of office of the members of said board appointed 
and provided for as aforesaid, shall be determined by them at their 
first meeting by casting lots. 

§ 5. On the first Tuesday of June, 1868, and on the first Tuesday 
of June annually thereafter, an election shall be held to elect succes- 
sors to those members whose terms of office are then expiring, and to 
fill all vacancies, if any, occurring in said board, during the preceding 
year. The persons elected at such annual elections shall hold their 
offices for three years, or until the expiration of the unfinished terms 
which they have been elected to fill, as the case may be. 

§ 6. The said board of education, or the remaining members 
thereof, shall have the power to fill, until the ensuing annual election 
in said high school district, all vacancies in said board occasioned by 
death, resignation, disqualification, failure to elect, or removal from 
said district, and to fill by appointment, vacancies among the officers 
of said board occasioned by any of the causes aforesaid. The mem- 
bers of said board, and the treasurer appointed by them, shall, previous 
to entering upon their official duties, take an oath, in addition to those 
prescribed by the Constitution of this State, faithfully and impartially 
to discharge the duties of their respective offices to the best of their 
abilities. 

§ 7. Notice of such annual elections shall be given by the clerk of 
said board by posting written or printed notices of the time, places 
and objects of such elections in three of the most public places in 
said district, at least ten days before such elections are held, and also 
by publishing a similar notice in some newspaper published in said 
district, by one insertion at least one week previous to the day of the 
election. Said elections shall be held at the usual place for holding 
general elections in said township, and shall be by ballot. The 
president of said board, and two members thereof, to be selected by 
said board, shall be judges, and the clerk of said board clerk of such 
elections; but if any of said officers shall fail to attend, or refuse to 
act, the electors assembled shall, viva voce, choose three judges and a 
clerk of the election. A poll book shall be kept by the clerk, register- 
ing the names of the voters, and the persons receiving the highest 
number of votes shall be declared elected. In case of a tie in any 



268 

election, the judges of election sliall decide the same by casting lots 
on the day of the election. Elections shall be opened at the hour of 
10 o'clock a. m., and close at the hour of 5 o'clock p. m. The judges 
and clerk shall certify to the board of education the names of the 
persons so elected members of said board, the term for which they 
were elected, and the number of votes each person voted for received, 
and shall return their certificate and said poll book to the said board 
within ten days after such election. 

§ 8. Said board of education is hereby created a body corporate 
and i3olitic, by the name of the "Board of Education of the Princeton 
High School District," and by that name may sue and be sued, plead 
and be impleaded, answer and be answered unto, in all courts and 
places, contract and be contracted with, and have perpetual succession 
and a common seal, and the same may alter or change at pleasure. 
Said board may exercise, in the furtherance of the objects contem- 
plated by this act, all the powers conferred on the school trustees of 
townships or boards of directors of school districts, by any law now 
in force, or that may be hereafter enacted. Said board shall have 
power to receive and hold, in their said corporate name, all real and 
personal property that may be conveyed, given or devised to it for 
said district, and in the said corporate name to dispose of and convey 
the same, for the benefit of said district. All conveyances of real 
estate made by said board shall be executed and acknowledged by the 
president of said board, and attested by the corporate seal and by the 
signature of the clerk: Provided, that all such conveyances shall be 
authorized by a resolution of said board: A7id, provided, further, 
that all sales and conveyances of school houses, buildings and grounds 
apurtenant thereto, shall be first determined by a majority of the 
votes cast by the electors of said district, upon the submission by 
said board by the question of said sale at an annual election, due 
notice having been first given as provided in section 7 of this act. 

§ 9. Said board of education shall have the following additional 
powers : 

Fii^st — It shall have power to establish, maintain and regulate a 
high school, with the necessary departments, within said district. 

Seco7id — To prescribe, by regulations, the qualifications for admis- 
sion into said high school and its respective departments, of persons 
residing in said district, free of charge for tuition therein, and also to 
provide for the admission into the same of persons residing without 
said district, upon such terms and payment for tuition as said board 
shall regulate. 

Third — To have the custody and control of all high school property 
in said district. 

Fourth — To erect, hire or purchase buildings suitable for the pur- 
poses of such high school and its necessary departments. 

Fifth — To buy or lease sites for such high school and its depart- 
ments, with its necessary grounds. 

Sixth — To purchase, lease, control, adorn and improve play grounds 
or parks adjacent to such high school or its necessary departments. 



269 

Seventh — To furnish said high school and its departments with 
necessary fixtures, furniture, books, aj^paratus and libraries, and to 
provide for the proper care, protection and maintenance of the same. 

Eighth — To employ teachers, determine their duties and fix the 
compensation to be allowed them from time to time, and at any reg- 
idar or special meeting, all the members of said board being present 
at such special meeting, to dismiss such teachers or any of them, for 
gross immorality, incompetency, or other adequate cause. 

Ninth — To direct what studies and branches of learning shall be 
taught, and what text books shall be used in said high school and its 
several departments. 

Tenth — To establish departments or different grades in said high 
school, and to make all necessary rules and regulations for the ad- 
mission and advancement of applicants and pupils, and for the 
government of said high school and its departments; to suspend or 
expel pupils guilty of refactory, disobedient or immoral conduct, or 
possessed of any infectious or contagious disease. 

Eleventh — To appoint agents and servants to execute any matter 
conducive to the interests of said high school district, consistent with 
this act, and for their services to pay them such reasonable compen- 
sation as said board shall fix. 

Twelfth — For the purpose of building a high school and other 
school buildings, and additions thereto, for the use of said high 
school district, and of repairing and improving the same, and pur- 
chasing real estate for such buildings, libraries, apparatus and other 
objects contemplated by this act, or of paying indebtedness con- 
tracted therefor, it shall be lawful for said board to borrow money, at 
a rate of interest not exceeding 10 per cent per annum, and to issue 
bonds therefor in sums of not less than one hundred dollars, which 
bonds shall be signed by the president and attested by the clerk and 
seal of said board. 

§ 10. Said board of education shall have full power, and it shall 
be its duty, to determine the amount of money needed to maintain 
said high school and its departments, and to pay all expenses of said 
district, of every description, for each school year, and to determine 
the amount of money needed at any time for the purpose of purchas- 
ing, leasing or improving grounds for said high school objects, or of 
purchasing, leasing, building, finishing, repairing, improving or ex- 
tending their said high school houses, or of procuring furniture, li- 
braries and apparatus, or of paying the indebtedness of said high 
school district. Said board shall have power and authority to levy 
taxes upon all the taxable real and personal property in said district, 
for the purpose of raising said amounts of money so determined by 
it. Said board shall designate the amount of money required for the 
maintenance and expenses of said high school and its departments for 
each school year, as aforesaid, "school tax;" and the amount required 
for any other purposes specified in this section, said board shall desig- 
nate "school house tax." It shall be the duty of said board to ascer- 
tain, at any meeting prior to the second Monday of September, 
annually, the rate per cent upon the assessment of real and personal 



270 

property in said high school district for State and other purposes for 
that year, needed to be levied to raise the amount of "school tax" de- 
termined upon, and what rate per cent upon the same will be needed 
to raise the amount of "school house tax" determined upon; which 
rate or rates shall be certified by the president and attested by the 
clerk of said board, and returned to the clerk of the county court of 
said Bureau county on or before the second Monday of September, 
annually. The certificate or certificates so made may be in the follow- 
ing form, as near as may be: 

The Board oi Education of the Princeton High School District requires the 

rate of per cent, on the dollar to be levied on the taxable property 

of said district, for the year , for the purpose of school tax, 

(or school house tax, as the case may be.) 

Dated this day of , 18 . . . . 

A B President. 

Attest: C D Clerk. 

It shall be the duty of said county court to extend the tax or taxes 
so certified to him in one column, under the name of "high school 
tax," according to said rate or rates upon the book for that year of 
the collector of taxes for the territory embraced in said high school 
district; and the said taxes shall be collected as other taxes are or 
may be, and, when collected, shall be paid over, on demand, to the 
treasurer of said district. The said county clerk and collector shall 
receive for their services the same compensation as now is or may be 
provided for extending and collecting district school taxes. It is, 
however, provided that the rate to be levied in any one year for 
school tax shall not exceed three per cent, on the assessed valua- 
tion of the taxable property of the said district, and that the rate to 
be levied in any one year for school house tax shall not exceed five 
per cent, on said valuation. 

§ 11. Said Board of Education shall hold regular meetings once 
each month, at such time and place as shall be designated by the 
rules of said board. Said board shall make, from time to time, all 
needful rules and regulations for its own government and that of all 
officers, teachers and agents appointed by said board, and for the 
custody, control, care and management of the school's fund and 
property belonging at any time to said district. 

§ 12. Said board, shall, annually, at its stated meeting in July, 
elect a president and a clerk, both of whom shall be members of said 
board, and who shall hold their offices for one year. Said board shall 
also, at said meeting, appoint a treasurer of said high school district, 
who shall not be a member of said board, and who shall hold his 
office during the pleasure of said board. The president shall preside 
at all meetings, and perform all other duties required by the rules of 
said board. The clerk shall record the proceedings of all meetings, 
the result of all elections held under this act, and the rules and regu- 
lations of said board. The said record shall be signed by the presi- 
dent and attested by the clerk; and the same or certified copies there- 
of, under the hand of said clerk and the seal of said board, shall be 
prima facie evidence of the proceedings of said board in all courts 



271 

and places. Said board may adjourn from time to time, and the 
president or any two members thereof, may call special meetings, 
at such times and in such manner as the rules of said board shall 
provide. Three members of said board shall constitute a quorum for 
the transaction of business. In the absence of the president or clerk, 
the board may appoint a president or clerk pro tern. 

§ 13. Said Board of Education may make such rules concerning 
the duties of the treasurer and the disposition of the funds and other 
property in his custody, as are not inconsistent with this act. 

§ 14. The treasurer of said high school district shall execute, 
within ten days from his appointment, a bond, with two or more good 
and sufficient sureties, to be approved by said board, which bond 
shall be tiled and recorded by the clerk, shall be made payable to 
said board in a penalty to be fixed by said board, and conditioned 
that he will safely keep, and, from time to time, pay over, upon the 
order of said board, all moneys and effects which shall come into his 
hands or under his control as such treasurer, and will deliver over to 
his successor in office, all books, papers, securities, x^roperty and 
moneys remaining in his hands, and belonging to said district, and 
will faithfully discharge the duties of his oflSce according to law, and 
the rules made by said board from time to time. It shall be the duty 
of said treasurer to receive and keep all moneys due and payable to 
said district. He shall keep an accurate account of all moneys re- 
ceived and paid out by him, in a record to be kept for that purpose, 
and shall pay out no moneys or other effects excepting on the order 
of said board. He shall retain vouchers for all moneys so paid out, 
and shall receive from all moneys paid out on such orders, a fee, to 
be fixed by said board, not exceeding two per cent. He shall settle 
his accounts with said board at the August meeting in each year, and 
shall produce his books and papers to said board whenever required 
so to do. All orders on said treasurer shall state for what purpose 
issued, shall be signed by the president, and registered and attested 
by the clerk of said board. 

§ 15. No person shall be eligible to serve as a member of said 
board, or to vote at any election provided for in this act, or to act as 
judge or clerk of such election, unless he shall be a resident of said 
district, and have the qualifications of an elector at township 
elections. 

§ 16. The said Board of Education is hereby made the successors 
in office of the directors of the high school district, organized in the 
said township of Princeton, and known by the name of "The High 
School District of Princeton;" which said last named district is here- 
by merged in the high school district created by this act. All high 
school buildings, property and real estate belonging to said high 
school district of Princeton, are hereby conveyed to and vested in said 
Board of Education and its successors in oflSce, in fee simple, for the 
purposes contemplated by this act. It is hereby made the duty of 
the trustees of schools of said township to execute and deliver to said 
Board of Education, all conveyances requisite to perfect, in said 
Board of Education, the title to all real estate now held in trust by 
said trustees for said high school district of Princeton. 



272 

§ 17, The said Board of Education shall have the power, and is 
hereby directed, to ratify, assume and carry out all contracts made 
and entered into by said directors, on behalf of said district, for 
building and other school objects, and, for the purpose of executing 
such contracts, shall levy taxes and issue bonds as provided in this 
act. 

§ 18. Nothing in this act shall be construed as affecting the 
present organization of the common school districts in said township, 
or the control and conduct of the same under the general laws of 
this State. 

§ 19. This act shall be deemed a public act, and shall be in force 
from and after its passage. 

Appeoved February 5, 1867. 

KOCKPOED SCHOOL DISTEICT. 

An Act to I'educe the charter of the city of JRockford and the sev- 
eral acts amendatory thereof mto one act, and to revise and amend 

the same. 

Section 1. The council shall have power — 

First — To lay off and divide the city into school districts, alter the 
same and create new ones. 

Second — To purchase or lease sites for school houses, with neces- 
sary grounds. 

Third — To erect, hire or purchase buildings suitable for school 
houses, and keep the same in repair. 

Fourth — To furnish schools with the necessary j&xtures, furniture, 
libraries and apparatus. 

Fifth — To establish, support and maintain public schools. 

Sixth — To hire teachers and fix their compensation. 

Seventh — To prescribe the studies to be taught in the different 
schools, and the school books to be used. 

Eighth — To appoint a board of school inspectors, not exceeding 
five in number, and to prescribe the powers and duties of such in- 
spectors. 

Ninth — To cause the public moneys for the support of schools, to 
which the said city or the schools therein, may be entitled, to be paid 
into the city treasury, and to direct the expenditure thereof. 

Tenth — To supply the inadequacy of such moneys for the payment 
of teachers, by a school tax. 

Eleventh — To levy and collect taxes for that purpose, and for build- 
ing of school houses, and repairing the same, and for other purposes 
mentioned in this article. The said taxes to be called school taxes, 
and the funds thereof shall be kept a separate fund. 

Appeoved Feb. 15, 1865. 

EOCK ISLAND SCHOOL DISTEICT. 

An Act to incorporate Bock Island School District. 

Section 1. Be it enacted hy the Beople of the State of Illinois, 
represented in the General Assembly : That all of fractional town- 



273 

ship number eighteen North, of range number two West of the fourth 
principal meridian is hereby constituted a school district to be known 
as Rock Island School District. 

§ 1. The government of said district for school purposes shall be 
vested in a board of five persons, to be styled the board of education 
of Rock Island School District, and to be elected, qualified and or- 
ganized as hereinafter provided. 

§ 3. There shall be elected by the qualified voters of said district, 
on the first Tuesday of April next, five persons who shall constitute 
said board, and hold their office for two years until their successors 
shall be elected and qualified; except that at their first meeting after 
said election they shall be divided by lot into two classes : two of them 
to be of the first class and three of them second class, and the seats of 
the first class shall be vacated at the expiration of one year, when 
there shall be an election of two members of the board, of the first 
class ; and thereafter on the first Tuesday of April, annually, there 
shall be an election of said classes alternately. The meetings for said 
elections shall be notified by the mayor of the city of Rock Island, by 
giving at least ten days' notice of the time and place, or places of said 
elections, by publishing a notice thereof in one or more of the news- 
papers of said city, and the poll books shall be opened and kept, the 
votes canvassed and returns made, and all other proceedings had in 
the same manner as in elections of mayor and aldermen in the city of 
Rock Island: Provided, that it shall not be necessary to open the 
polls at more than one place, unless the mayor shall deem it expe- 
dient to open them in each ward of said city. In case of a tie in any 
election, the same shall be decided by lot, by the judges of election, 
on the day of election. If between the times of the annual elections 
any vacancy shall occur in the said board by death, resignation or re- 
moval from the limits of said district, the remaining members shall 
fill the vacancy by appointment; and the person so appointed shall 
hold the office until the next annual election, and until his successor 
shall be elected and qualified. The members of said board shall sev- 
erally take an oath to discharge the duties of their office to the best of 
their knowledge and ability. 

§ 4. The said board of education shall be a body corporate and 
politic, by the name and style of the board of education of Rock Is- 
land School District, and may have a common seal, and change the 
same at pleasure; and as such may contract and be contracted with, 
sue and be sued, plead and be impleaded in and before any tribunal 
having competent jurisdiction. 

§ 5. It shall be the duty of said board to hold quarterly sessions 
on the second Tuesday of April, July, October and January of each 
year; and they may meet by adjournment at such other times as they 
may think proper, and the president of the board, or any two mem- 
bers thereof, may call a special meeting of the board by giving a 
verbal notice of the time and place and object thereof, or leaving a 
written notice thereof at the residences of all the other members of 
the board; and at all meetings a majority of the board shall be a 

—18 S L 



274 

quorum to transact business. Said board shall organize by appoint- 
ing one of their number president; they shall also elect a clerk, who 
may be a member of the board, and treasurer, who shall not be a 
member of the board, who shall hold their respective offices during 
the pleasure of the board, and until their successors shall be elected 
and qualified; it shall be the duty of the president, when present, to 
preside at all meetings of the board; and it shall be the duty of the 
clerk to be present at said meetings, and to record in a book, to be 
provided for that purpose, all the official proceedings of said board, 
which record shall be public and open to the inspection of any person 
interested; and all said proceedings, when recorded, shall be signed 
by the president and clerk, and a copy thereof, certified by the clerk, 
shall be prima facie evidence of such proceedings in courts and other 
places. If the president or clerk be absent the board may appoint 
a president or clerk pro tern. The treasurer shall execute to said 
board an official bond, with good and sufficient securities, such bond 
to be approved by the board, in such sums as the board shall deter- 
mine, but to be, as nearly as can be ascertained, in double the amount 
of all moneys that will at one time be in his hands, and conditioned 
for the performances of his duties as treasurer, and especially faith- 
fully to keep and from time to time pay over all moneys that he shall 
receive as such treasurer, as he shall be directed by order of the board 
Or required by law to do; he shall keep a true and accurate record, in 
proper books for that purpose, of all moneys received and paid out by 
him, for what purpose and upon what and whose account; but he 
shall pay out no money except upon order of the board; for all moneys 
paid out he shall take and file, with the papers of his office, proper 
vouchers, and he shall settle his accounts with the board at least once 
in each year and oftener if the board should so require. 

§ 6. No member of the board shall receive any compensation for 
his attendance at the meetings of the board nor for the performance 
of its ordinary duties, but for extraordinary services reasonable com- 
pensation may be allowed, the board to determine what are extraordi- 
nary services and the compensation therefor. The secretary and 
treasurer shall receive such compensation as the board shall prescribe. 

§ 7. The treasurer shall, under the direction of the board, demand 
and receive of the officer or officers having the custody thereof, any 
interest or other money from any school fund or any other source, to 
which the Rock Island School District, or any part thereof, or the 
schools or the teachers therein would be entitled if this act had not 
been passed; and the money so received from such funds or sources 
shall be placed in the treasury to be used and expended under the 
order and direction of the board for the support of schools and for 
school purposes, in the same manner as other funds that shall come 
into the treasury by taxation or otherwise. 

§ 8. Said board of education shall be the legal successors of the 
trustees of schools in said township eighteen North of range two West 
of the fourth principal meridian, and shall have the entire and exclus- 
ive control of all school funds of said Rock Island School District, or 



275 

any part thereof, whether consisting of the portion of the school, col- 
lege, seminary or township funds belonging and to belong to said dis- 
trict, or any part thereof, or derived from taxation, loans or otherwise, 
to be used by them, as provided in this act, and they may receive any 
gift, grant, donation, devise, bequest or legacy, made for the use of 
any school or schools, or library, or other school purposes within 
their jurisdiction; and they shall be and are hereby invested, in their 
corporate capacity, with the title, care and custody of all lands, lots, 
school houses, school libraries, apparatus and other property belong- 
ing or appertaining to the common schools of the district, or any of 
them, or which may be within their jurisdiction, with full power to 
control the same in such manner as they may think will promote the 
interests of schools or the cause of education and not inconsistent 
with the provisions of this act; and when, in their opinion, it may be 
for the interest of said district to sell any lot or tract of land or build- 
ing belonging to said district, or any pait thereof, said board may 
sell and convey the same in the name of the board, and such convey- 
ance, as well as all other conveyances, contracts and assignments of 
the board, shall be executed by the president and clerk of the board 
of education of Rock Island School District and the moneys of all 
sales and assignments shall be paid to the treasurer of the board for 
the benefit of schools; and all conveyances of real and personal estate 
and assignments of choses in action which may be made to said 
board, shall be made to said board in its corporate name; and said 
board may purchase and hold such real estate and personal property 
as may be necessary for the establishment and support of schools, 
and such real estate as may be purchased under any sale upon exe- 
cution or decree in favor of said board or in satisfaction of any debt 
due the said board, and at any time thereafter may sell and convey 
the same. 

§ 9. For the purpose of erecting school houses, purchasing school 
house sites or repairing or improving the same, or purchasing libra- 
ries or apparatus, it shall be lawful for said board to borrow money 
at a rate of interest not exceeding ten per cent, per annum, and issue 
bonds therefor, in sums of not less than $100, which bonds shall be 
executed by the president and clerk of said board, in the name of the 
board: Provided, that the bonds issued by said board, and outstand- 
ing, shall not at any time exceed one per centum of the assessed 
value of the real and personal property of said district. 

§ 10. Said board may also, at any time when they may deem it 
necessary, borrow any sum or sums of money for a time not exceed- 
ing one year, and at a rate of interest not exceeding ten per cent, per 
annum, to be expended for general school purposes: Provided, that 
the total amount of moneys so borrowed and unpaid, shall not at 
any time exceed one-half of one per centum of the assessed value 
of the real and personal property of said district; and for the pay- 
ment of the moneys so borrowed the proceeds of the taxes first paid 
into the treasury thereafter, and not specially appropriated by law, 
are hereby specifically pledged and shall be applied in payment of 
the sums so borrowed in preference to any other debts. 



276 

§ 11. If any judgment shall be obtained against said board, the 
party entitled to the benefit of such judgment may have execution 
therefor as follows, to-wit: It shall be lawful for the court in which 
such judgment shall be obtained, or to which such judgment shall be 
removed by transcripts or appeal from a justice of the peace or other 
court, to issue thence a writ commanding the board of education and 
treasurer of said district to cause the amount thereof, with ten per 
cent, interest and costs, to be paid to the party entitled to the benefit 
of such judgment, out of any moneys unappropriated, of said district ; 
and if there be no such moneys, out of the first moneys that shall be 
received for the use of said district, and to enforce obedience to such 
writ by attachment, or by mandamus, requiring said board to levy a 
tax for the payment of said judgment, and all legal process, as well 
as writs to enforce payment of a judgment, shall be served either on 
the president or clerk of said board. 

§ 12. Said board shall, on or before the first day of August in 
each year, caused to be raised by taxation, for school purposes, in- 
cluding the payment of any debts due, or during the ensuing year to 
become due from said district, such an amount as they shall estimate 
will, together with the available means accruing from other sources, 
be required for school purposes in said district, for the ensuing year, 
and shall determine, as nearly as practicable, what rate per cent., not 
to exceed one per cent., unless the debts to be paid require it, on all 
the taxable property in said district, must be levied to raise the 
amount so estimated, and shall make an order therefor; and the clerk 
shall enter the same upon the records of the board. It shall be the 
duty of the clerk of said board to make out a certified copy of said 
order, signed by the president of the board and attested by the clerk, 
and within ten days from the passage of the said order, present the 
same to the clerk of the board of supervisors of Eock Island county. 
The tax so levied by the said board of education shall be assessed 
and collected in the same manner and at the same time and by the 
same ofiicers that State taxes are assessed and collected within the 
limits of said district, and the proceeds paid to the treasurer of said 
board of education, after deducting therefrom one-half the per 
centage allowed for assessing and collecting State taxes. 

§ 13. The said board of education shall transact all business 
which may be necessary in relation to common schools in said district: 

First — They shall establish a sufficient number of common schools 
for the education of every person residing in said district, over the 
age of five years and under the age of twenty years, and shall make 
the necessary provisions for continuing said schools in operation at 
least eight months in every year, except the first year after the organ- 
ization under this act. 

Second — They shall cause suitable lots of ground to be procured, 
and suitable buildings to be erected, purchased or rented for school 
houses, and shall supply the same with fuel, furniture and apparatus, 
and may cause said buildings and other property to be insured, and 
shall make all other provisions, relative to schools, which they may 
deem proper. 



277 

Third — They shall exercise general supervision over the common 
schools of the district, and shall, by one or more of their number, or 
by their agent or agents, visit each one of said common schools, at 
least once a month, while they are in operation. 

Fourth— They shall appoint all the teachers of said common schools; 
establish rules respecting their qualifications, and how the same shall 
be determined; fix the amount of the salary or compensation of each 
teacher, and may dismiss any teacher at any time. 

Fifth — They may direct what branches of learning shall be taught, 
and what books shall be used in each school. 

Sixth — They shall have power to establish schools of different 
grades, and the rules and regulations for the admission of pupils into 
the same, having regard to the qualifications of the pupils; and they 
may suspend or expel from the schools any pupil found guilty, on a 
full examination and hearing, of refractory or incorrigibly bad con- 
duct. 

Seventh — They may lay off and divide Rock Island School District 
into local districts, and from time to time alter the same or create 
new ones as circumstances may require. 

Eighth — They may appoint a board of three persons in each local 
district to be denominated district directors; and prescribe by estab- 
lished rules and regulations the powers and duties of such directors, 
and remove them at their pleasure. 

f^. Ninth — They may appoint such other officers, committees or agents 
as they may deem best and most conducive to the well being of the 
schools and of school education in said Rock Island School District. 

Tenth — And generally they shall have and possess all the rights, 
powers and authority necessary for the proper management of the 
schools and the school funds, with the power to make all such rules, 
orders and ordinances as they may deem necessary to carry their 
powers and duties into effect, and perfect a good system of public in- 
struction and common schools in said district. 

§ 14. The several teachers of said public schools shall keep 
schedules of the pupils attending the schools, as is now required or 
may hereafter be required of teachers of schools by law; and the said 
board of education shall make return and report to the State super- 
intendent of public schools or other proper officer, on all such matters 
and things as are or shall be required by law, and the direction of 
of such superintendent or other proper officer, of any county or town- 
ship officers ; and shall make such other reports as persons having the 
control of public schools are or may be required to make by virtue of 
any law of this State. 

§ 15. Said board shall, at the end of each year of their term of 
office, cause to be prepared and published in one or more of the news- 
papers published in the city of Rock Island, a statement exhibiting 
the condition of schools for the proceeding year, which statement 
shall be substantially as follows, viz: 

First — The whole number of schools which have been taught in 
said year. 



278 

Second — What number of teachers have been employed in each 
school, stating the name of each teacher, the time employed and the 
compensation paid. 

Third — The whole number of scholars in all the schools, giving the 
number of males and females, in each school, separately, and the 
average number in attendance. 

Fourth — The amount of all the funds received into the treasury 
during the year, and the sources from whence it was received, stating 
the amount received from each source. 

Fifth — The amount paid out, stating in every case for what and to 
whom paid. 

Sixth — The amount and kind of unexpended funds on hand at the 
end of the year. 

Seventh — A statement of the total amount received and the total 
amount paid out for school purposes during the year. 

§ 16. All of the territory which at the time of the passage of this 
act, or at any time hereafter, may be embraced in the corporate limits 
of the city of Rock Island, shall be included and constitute a part of 
Rock Island School District; and any tract or tracts of land adjoining 
said district may be annexed to it, on condition that three-fourths of 
the legal voters residing within the limits of such tract or tracts shall 
petition the board of education to be annexed to said district, and that 
their jjetition shall be granted by the unanimous vote of all the mem- 
bers of said board; whenever any territory shall be so annexed to and 
become a part of said district, all the provisions of this act shall be 
applicable to it in the same manner as they would have been if it had 
been embraced within the districts at the time of the passage of this 
act. 

§ 17. For any neglect or failure by the said board of education, or 
of any member thereof, to fulfil the duties required of or imposed upon 
them by any of the provisions of this act, they shall be liable to a 
penalty of $50.00, to be recovered in an action of debt, at the suit of 
any person who may complain; and any member of said board who 
shall appropriate to his own use any of the funds that may come to 
his hands or under his control, belonging to said district, for school 
purposes, shall be deemed guilty of a misdemeanor, and upon convic- 
tion thereof shall be fined in any sum not exceeding $500.00, and 
imprisoned in the county jail, not exceeding one year. 

§ 18. The provisions of the last preceding section shall be held to 
apply to the clerk, treasurer or any other ofiicer or agent elected or 
appointed in pursuance of this act. 

§ 19. All prior acts or parts of acts inconsistent with the provisions 
of this act are hereby repealed; and any act of the General Assembly 
now in force, or hereafter enacted, shall not be construed in any man- 
ner to repeal, alter or change any of the jirovisions of this act, unless 
such act shall specifically provide for such repeal, alteration or change. 

§ 20. This act is declared to be a public law, and shall take effect 
and be in force from and after its passage. 

Appeoved Feb. 18, 1857. 



279 

KOCK ISLAND SCHOOL DISTRICT AGAIN. 

An Act to amend an act entitled ''An act to incorporate Rock Is- 
land school district.^ approved Feb. 18, 1857. 

Section 1. Be it enacted by the people of the State of Illinois, 
represemted in the General Assembly : That the annual election of 
the board of education of the Rock Island school district shall here- 
after be held on the fourth Tuesday of March in each year. 

********* 

No. 8. Any officer whose duty it shall be to collect the taxes levied 
by or payable to said board of education, shall, on the last Saturday 
of each month, pay to the treasurer of said board so much of said 
taxes, after deducting his per centage, as he has collected and not 
paid previous to that time; and for failure to make payments, as 
herein required, he shall forfeit to said board, for school purposes, 
his per centage for collecting the taxes so retained, and two per cent 
a month on the amount so retained, from the time it was due until 
the time it is paid. 

No. 4. If there is an omission in any year to legally assess the 
school tax levied by said board of education upon any real estate or 
personal property within the limits of said district and subject to 
taxation, the taxes thus omitted to be legally assessed shall be added 
to the assessment upon the property the following year, and collected 
and paid into the treasury of said board. 

No. 5. All prior acts or parts of acts, inconsistent with the pro- 
visions of this act, are hereby repealed, and any act of the general 
assembly now in force or hereafter enacted, shall not be construed in 
any manner to repeal, alter or change any of the provisions of this 
act, unless such act shall specifically provide for such repeal, altera- 
tion or change. 

No. 6. This act is declared to be a public act, and shall take 
efPect and be in force from and after its passage. 

Approved Feb. 22, ]8o9. 

EOCK ISLAND SCHOOL DISTRICT AGAIN. 

An ACT to amend an act to incorporate the Back Island School 
District, approved Feb 18, 1857, and the several acts amendatory 
thereto. 

Section 1. Be it enacted by the People of the State of Illinois, 
represented in the General Assembly: That the act incorporating 
the Rock Island School District, approved Feb. 18, 1857, be so 
amended that the board of education of said district shall, in addition, 
to the powers conferred upon them by the act to which this act is an 
amendment, have power to borrow money at a rate of interest not 
exceeding ten per cent, per annum, to be exclusively expended in 
purchasing schoolhouse sites, erecting schoolhouses, or in repairing 
or improving the same, or for the payment of any indebtedness in- 
curred for such purposes: Provided, that any indebtedness so in- 



280 

curred shall be paid within five years from the date of its contraction, 
and shall not exceed such a sum as, in the opinion of said board, can 
be paid from the proceeds of special taxes, to be levied as hereinafter 
provided. 

§ 2. The said board of education shall, in addition to powers 
heretofore conferred, have power to levy a special tax upon the 
property of said district, subject to taxation, not to exceed one per 
cent, in any one year, for the exclusive purpose of purchasing school- 
house sites, erecting schoolhouses, or repairing or improving the 
same, or for the payment of any indebtedness incurred for such pur- 
poses. The taxes authorized for this section shall be levied, assessed, 
collected and paid into the treasury of the board at the same time 
and in the same manner as the other school taxes of the district. 

§ 8. The annual election of the board of education of Rock 
Island School District shall hereafter be held on the last Tuesday of 
June in each year. At the next regular election for members of the 
board of education all vacancies then existing in said board shall be 
filled by election in the usual manner, and there shall also be elected 
two other members of said board, and thereafter said board shall con- 
sist of five members ; the two members of said board whose terms of 
office shall not have expired at the next election, shall remain in 
office for one year from and after said regular elections, and the 
remaining three members of said board shall select by lot two of 
their number who shall hold office for two years from and after said 
election, and the one remaining shall hold office for three years ; and 
thereafter members of the board shall be elected and hold office for 
three years: Provided, that in case of elections to fill vacancies oc- 
casioned by death, removal or resignation, the person elected shall 
only succeed to the anexpired term of the member whom he suc- 
ceeds. 

§ 4. The board of education shall not be required to admit 
into the schools any children adapted to the lowest classes in the 
primary rooms, except during the first week in each month. 

§ 5. This act shall take effect from and after its passage, and 
shall be a public act; but no money shall be borrowed or tax levied 
under this act until after the next regular election for members of 
the board. 

Approved Feb. 18, 1867. 

EUSHVILLE UNION SCHOOL DISTRICT. 

An Act to incorporate the Bushville Union School District. 

Section 1. Be it enacted by the People of the State of Illinois, 
represented in the General Assembly : That all the territory now 
included in school district number three, in township two (2) 
North, range two (2) West, in the county of Schuyler, and State of 
Illinois, being all of sections twenty-five (25) and thirty-six (36), in 
said township; also, all of school district number eight (8), in town- 
ship two (2) North, of range one (1) West, in said county, and being 



281 

the south half of section nineteen (19), the south west quarter of sec- 
tion twenty (20), the west half of section twenty-nine (29), and all of 
sections thirty (30) and thirty-one (31), in said township, be and the 
same is hereby established a common union school district, to be 
known as the "Rushville Union School District." 

§ 2. That such other territory may be added to and form a part 
of such union school district as may be deemed advisable, by the con- 
sent and concurrence of the trustees of schools for the township from 
which any such territory is proposed to be taken, and the board of 
education hereinafter provided for said union school district, on the 
citation of a majority of legal voters residing in or upon the territory 
proposed to be taken. 

§ 3. The government, care and superintendence of the schools 
within said district and of the funds and estate, both real and per- 
sonal, belonging to or which may be hereafter acquired by or con- 
veyed to said union district, shall be vested in a board of education 
of said union school district. 

§ 4. The following named persons, viz: William H. Ray, Reese 
H. Griffith, Wheeler W. Wells, Elias D. Leach, and Thomas Wilson, 
shall compose the first board of education for said Union School Dis- 
trict, until their successors shall be duly elected and qualified, as 
hereinafter provided. It shall be the duty of said persons, or ma- 
jority of them, to assemble at the court house in Rushville, as soon 
as the trustees for said township two (2) North, range one (1) West, 
and of township two (2) North, range two (2) West, in said county of 
Schuyler, shall have agreed in uniting said districts, as hereinafter 
provided for, and organize as such board of education, by electing 
one of their number president, and one as clerk of said board. They 
shall appoint a treasurer of said Union School District, and shall 
have all the power and be governed in all other respects by the pro- 
visions of this act, so far as the same may be applicable. The said 
persons, or a majority of them, shall have power to fill vacancies in 
their number, occasioned by declination, disqualification, resigni- 
tion, death or removal from said Union School District. 

§ 5. The persons composing said board of education, provided 
for in the fourth section of this act, shall hold their offices as follows: 
two of them until the first Tuesday in June, 1870; two until the first 
Tuesday in June, 1871 and the fifth until the first Tuesday in June, 
1872. The respective terms of office of the members of said board, 
appointed and provided for, as aforesaid, shall be determined by them 
at their first meeting by casting lots. 

§ 6. On the first Tuesday of June, 1870, and the first Tuesday in 
June annually thereafter, an election shall be held to elect successors 
to the members to whose term of office are then expiring and to fill 
all vacancies, if any, occurring in said board during the preceding 
year. The persons elected at such annual elections shall hold their 
office for three years or until the expiration of the expired terms which 
they have been elected to fill, as the case may be. 

§ 7. The said board of education, or the remaining members 
thereof, shall have power to fill, until the ensuing annual election in 



282 

said Union School District, all vacancies in said board, occasioned 
by death, resignation, disqualification, failure to elect or removal from 
said district, and to fill, by appointment, vacancies among the offi- 
cers of said board, occasioned by any of the causes aforesaid. The 
members of said board and the treasurer appointed by them shall, 
previous to entering upon their official duties, take an oath, in addi- 
tion to those prescribed by the Constitution of this State, faithfully 
and impartially to discharge the duties of their respective offices to 
the best of their abilities. 

§ 8. Notice of such annual elections shall be given by the clerk of 
said board, by posting written or printed notices of the time, place 
and object of such elections, in three of the most public places in said 
district, at least ten days before such elections are held, or by pub- 
lishing a similar notice in some newspaper published in said district, 
by one insertion, at least one week previous to said day of election. 
Said election shall be held at the court house, in said town of Rushville, 
and shall be by ballot. The president of said board and two mem- 
bers thereof, to be elected by said board, shall be judges, and the 
clerk of said board shall be clerk of such elections; but if any of said 
officers shall fail to attend or refuse to act, the electors assembled 
shall, viva voce, choose three judges and clerk of such election. A 
poll book shall be kept by the clerk, registering the names of the vot- 
ers; and the persons receiving the highest numbers of votes shall be 
declared elected. In case of a tie in any election, the judges of the 
election shall decide the same, by casting lots on the day of the elec- 
tion. Elections shall be opened at the hour of ten o'clock, a. m., and 
close at five o'clock, p. m. The judges and clerk shall certify to the 
board of education the names of the members so elected members of 
said board, the term for which they were elected, and the number of 
votes each person voted for received, and shall return their certificate 
and said poll book to the said board within ten days after such elec- 
tion. 

§ 9. Said board of education is hereby created a body corporate 
and politic, by the name of " The Board of Education of Rushville 
Union School District;" and, by that name, may sue and be sued, 
plead and be impleaded, answer and be answered unto, in all courts 
and places, contract and be contracted with, and have perpetual suc- 
cession, and a common seal, and the same alter or change at pleasure. 
Said board may exercise, in furtherance of the objects contemplated 
by this act, all the powers conferred on school trustees of townships 
or board of directors of school districts by any law now in force or 
that hereafter may be enacted. Said board shall have power to 
receive and hold, in their corporate name, all the real or personal 
property that may be conveyed, given or devised to it, for said dis- 
trict, and in their said corporate name to dispose of and convey the 
same, for the benefit of said district. All conveyances of real estate 
made by said board shall be executed and acknowledged by the presi- 
dent of said board and attested by the corporate seal, and by the signa- 
ture of said clerk: Pj'ovided, that all such conveyances shall be author- 
ized by a resolution of said board: And, provided, further, that all 
sales and conveyances of school houses and buildings and grounds 



283 

appurtenant thereto, shall be first determined by a majority of the 
votes cast by the electors of said district, upon the submission of said 
board of the question of such sale, at an annual election, due notice 
having been first given, as provided in section eight of this act. 

§ 10. Said board of education shall have the following additional 
powers : 

First — It shall have power to establish, maintain and regulate such 
school or schools, with the necessary departments, as in their judg- 
ment the interest of said district may require. 

Second — To prescribe, by regulations, the qualifications for admis- 
sion into said schools and their respective departments of persons 
residing in said district, free of charge for tuition therein, and also to 
provide for the admission into the same of persons without said dis- 
trict, upon such terms and payment for tuition as said board shall 
establish. 

Third — To have the custody and control of all school property 
within and belonging to said district. 

Fourth — To erect, hire or purchase buildings, suitable for the pur- 
poses of such schools and their necessary departments. 

Fifth — To buy or lease sites for such schools and their depart- 
ments, with the necessary grounds therefor. 

Sixth — To purchase, lease, control, adorn and improve play grounds 
or parks adjjicent to such schools or their departments. 

Seventh — To furnish said schools and their departments with all 
necessary fixtures, furniture, books, apparatus and libraries, and to 
provide for the proper care, protection and maintenance of the same. 

Eighth — To employ teachers, determine their duties and fix the 
compensation to be allowed them, from time to time, and at regular 
or special meeting of said board to dismiss such teachers, or any of 
them, for gross immorality, incompetency or other adequate cause; 
and of the sufficiency of any of such causes said board of education 
shall be the sole judges. 

Ninth — To direct what studies and branches of learning shall be 
taught and what text books shall be used in said schools and their 
several departments. 

Tenth — To establish departments or grades in said schools, and to 
make all necessary rules and regulations for the admission and ad- 
vancement of applicants and pupils, and for the government of said 
schools and its departments; to suspend or expel pupils guilty of 
refractory, disobedient or immoral conduct or possessed of or afilicted 
with any infectious or contagious disease. 

Eleventh — To appoint agents and servants, to execute any matter 
conducive to the interest of said school district, consistent with this 
act. and for their services to pay them such compensation as said 
board shall fix. 

Tuielfth — For the purpose of building all the necessary school 
buildings, and repairing the same, or making, from time to time, 
additions thereto, and purchasing real estate for such buildings, 
libraries, apparatus and all other objects contemplated by this act, or 
for the payment of indebtedness contracted therefor, it shall be law- 
ful for said board to borrow money, at a rate of interest not exceeding 



284 

ten per cent, per annum, and to issue bonds therefor, in snms of not 
less than $100; which bonds shall be signed by the president and 
attested by the clerk and seal of said board. 

§ 11. Said board of education shall have full power, and it shall 
be its duty, to determine the amount of money needed to maintain 
said schools and their departments, and to pay all expenses of said 
school district, of every description, for each school year, and to de- 
termine the amount of money needed at any time, for the pupose of 
purchasing, leasing or improving grounds for said school purposes, 
or for purchasing, leasing, building, repairing, finishing, improving 
or extending their said school buildings, or of procuring furniture, 
libraries, and apparatus, or of paying the indebtedness of said school 
district, incurred for any of the purposes aforesaid. Said board 
shall have full power and authority to levy taxes upon all the taxable 
real and personal property in said district, for the purpose of raising 
said amount so determined by it. Said board shall designate the 
amount of money required for the maintenance and expenses of said 
schools and their departments for each school year, as aforesaid, 
" school tax;" and the amount required for any other of the purposes 
specified in this section, said board shall designate " school house 
tax." It shall be the duty of the said board to ascertain, at any 
meeting prior to the second Monday in September, annually, the rate 
per cent, upon the assessed value of the real and personal property 
in said Union School District, for State and other purposes for that 
year, needed to be levied to raise the amount of " school tax " determ- 
ined upon, and what rate per cent, upon the same will be needed to 
be levied to raise the amount of " school house tax " determined 
upon; which rate or rates shall be certified by the president and 
attested by the clerk of said board, and returned to the clerk of the 
county court of said Schuyler county, on or before the second Mon- 
day of September, annually. The certificate or certificates so made 
may be in the following form, as near as may be : 

"The Board of Education of the Rushville Union School District requires 

the rate of per cent, on the dollar to be levied on the taxable property 

of said district for the year , for the purpose of "school tax," (or 

" school house tax," as the case may be). Dated this day of 

19 

A B , President. 

Attest: C D , Clerk." 

It shall be the duty of the clerk of said county court to extend the 
tax or taxes so certified to him in one column, under the name of 
" union school tax," according to said rate or rates, upon the books 
for that year of the collectors of taxes for the said townships in which 
the territory of said Union School District may lie; and the said 
taxes shall be collected as other taxes are or may be collected, and, 
when collected, shall be paid over, on demand, to the treasurer of 
said Union School District. The said county clerk and collector shall 
receive for their services the same compensation as now is or may be 
provided for extending and collecting district school taxes : Provided, 
hoivever, that the rate to be levied in any one year for school tax shall 



285 

not exceed three j^^r cent, on the assessed valuation of the taxable 
property of the said district, and that the rate to be levied in any one 
year for school house tax shall not exceed five per cent, on said valu- 
ation. 

§ 12. Said board of education shall hold regular meetings once 
each month, at such time and place as shall be designated by the 
rules of said board. Said board shall make, from time to time, all 
needful rules and regulations for its own government and that of all 
officers, teacher and agents elected or appointed by said board, and for 
the custody, control, care and management of the school fund property 
belonging at any time to said district. 

§ 13. Said board shall, annually, at its stated meeting in July, 
elect a president and clerk, both of whom shall be members of said 
board, and who shall hold their offices for one year. Said board shall, 
also, at said meeting, appoint a treasurer of said Union School Dis- 
trict, who shall not be a member of said board, and who shall hold 
his office during the pleasure of said board. The president shall pre- 
side at ail meetings, and perform all other duties required by the 
rules of said board. The clerk shall record the proceedings of all 
meetings, the result of all elections held under this act, and the rules 
and regulations of said board. The said record shall be signed by 
the president and attested by the clerk, and the same, or certified 
copies thereof, under the hand of said clerk and the seal of said 
board, shall be prima facie evidence of the proceedings of said 
board, in all courts and places. Said board may adjourn from time 
to time, and the president or any two members thereof may call 
special meetings, at such times and in such manner as the rules of 
said [board] shall provide. Three members of said board shall con- 
stitute a quorum for the transaction of business; and in the absence 
of the president or clerk, the board may [appoint] a president or 
clerk, pro tern. 

§ 14. Said board of education may make such rules concerning 
the duties of the treasurer and the disposition of the funds and other 
property in his custody, as are not inconsistent with this act. 

§ 15. The treasurer of said Union School District shall execute, 
within ten days from his appointment, a bond, with two or more good 
and sufficient securities, to be approved by said board; which bond 
shall be filed and recorded by the clerk, shall be made payable to said 
board, a penalty to be fixed by said board, and conditioned that he 
will safely keep, and from time to time pay over, upon the order of 
said board, all moneys and effects which shall come into his hands or 
under his control as such treasurer, and will deliver over to his suc- 
cessor in office all books, papers, securities, property and moneys 
remaining in his hands and belonging to said district, and will faith- 
fully discharge the duties of his office according to law, and the rules 
made by said board, from time to time, not inconsistent therewith. 
It shall be the duty of said treasurer to receive and keep all 
moneys due and payable or belonging to said district. He shall keep 
an accurate account of all moneys received and paid out by him in a 
record to be kept by him for that purpose, and shall pay out no 



286 

moneys or other effects except upon the order of said board. He 
shall take and keep vouchers for all moneys paid out on such orders, 
and shall receive, upon all moneys so paid out on orders, a fee or per- 
centage, to be fixed by said board, not exceeding two per cent. He 
shall settle his accounts with said board at the August meeting, in 
each year, and shall produce his books and papers to said board 
whenever required by them so to do. All orders on said treasurer 
shall state for what purpose such order was issued, shall be signed 
by the president, and attested and registered by the clerk of said 
board. 

§ 16. No person shall be eligible to serve as a member of said 
boMrd, or to vote at any election provided for in this act, or act as 
judge or clerk of such election, unless he shall be a resident of said 
district, and have the qualifications of an elector at township elec- 
tions. 

§ 17. That the fund known as the common school fund of town- 
ship two (2) North, of range one (1) West, and of township two (2) 
North, of range two (2) West of the fourth principal meridian, in 
said county of Schuyler, shall be, and the same is hereby divided — 
a part thereof being set apart and assigned, as hereinafter provided 
for, to the union district known as the Rushville Union School 
District, created by this act, and comprising a part of each of said 
townships, 

§ 18. The trustees of schools of said township mentioned in the 
foregoing section are hereby empowered and directed, within sixty 
days from the passage of this act, to appoint one of their number 
from each of said boards, who, together with the county superintend- 
ent of said county of Schuyler, shall constitute a board of commis- 
sioners, and who shall, after being first duly sworn to faithfully 
discharge their duties as such, ascertain the whole number of persons 
in each of said townships between the ages of six and twenty-one 
years as well as the whole number of persons between said ages in 
each of said school districts hereby merged in said Rushville Union 
School District, and shall make report of such facts to the boards of 
school trustees in each of said townships; and thereupon said respec- 
tive boards of school trustees are empowered and hereby directed to 
make a just and equitable division of the common school fund or the 
choses in action or evidences thereof, as declared in section seventeen 
of this act, belonging to their respective townships, between that por- 
tion of each of said towships merged in and made part of said Rush- 
ville Union School District and the remainder of their respective town- 
ships, in proportion to the number of persons between the ages afore- 
said so found and reported as aforesaid by said commissioners and 
residing therein, respectively; and the school treasurers of said town- 
ships are hereby directed, on demand made by the treasurer of said 
Rushville Union School District, to surrender and pay over to him 
such portion of the common school fund of his township as may be 
apportioned to and assigned by the trustees of schools of said town- 
ships to said Union School District, as hereinbefore provided and 
directed. 



287 . 

§ 19. The said board of commissioners provided for in section 
eighteen of this act, are hereby authorized and directed, as soon as 
they are advised of the amounts of the common school fund to which 
said E-ushville Union School District will be entitled under the appor- 
tionment aforesaid, to assess and fix the value of all the real and 
personal school property belonging to each of the school districts 
hereby merged in said Rushville Union School District, including 
the several amounts of common school fund apportioned, as afore- 
said; and said commissioners shall ascertain how much money it will 
require to be raised by either of said districts to make the aggregate 
value of the common school fund and real and personal school prop- 
erty of such district, bear the same proportion to the aggregate value 
of the common school fund and real and personal school property of 
the other district as the number of persons between the ages afore- 
said in the one district bears to the number of such persons in the 
other of said districts. 

§ 20. The said board of education is hereby made the successors 
in office of the boards of school directors of the two districts by this 
act merged into the said Rushville Union School District. All school 
buildings, property and real estate belonging to either of the said 
districts so merged, are hereby vested in and conveyed to said board 
of education of said Rushville Union School District and its succes- 
sors in office, in fee simple, for the purpose contemplated by this act. 
It is hereby made the duty of the trustees of schools for said town- 
ships two North, one West, and two North, two West, aforesaid, as 
soon as this act shall take effect, and be in force, to execute and 
deliver to said board of education all conveyances necessary to perfect 
in said board of education the title to all real estate now held in trust 
by either of said boards of trustees for either of said school districts. 

§ 21. Said board of education shall have power, and it is hereby 
directed to ratify, assume, and carry out all contracts and obliga- 
tions of the said several boards of directors, which said boards are 
under and by virtue of this act superseded by said board of edu- 
cation. 

§ 22. Said board of education, so far as said Rushville Union 
School District is concerned, shall be the successors of the trustees 
of schools of said townships, and in all matters connected with the 
management of the schools in said Union District, and the care, 
custody, control and management of school funds and other school 
property, both real and personal, which now does or may hereafter 
belong to said Union District. The said board of education shall 
have the same powers which now are or which by any law of this 
State may hereafter be vested in trustees of schools, subject only to 
the provisions of the general school law of this State defining the 
powers and duties of school trustees. 

§ 23. It is hereby made the duty of the board of directors in that 
one of said school districts hereby merged in said Union District 
which shall be required by the assessment and determination of said 
board of commissioners to raise, by taxation or otherwise, in their 
said district or upon the taxable property thereof, an amount of 



288 

money to make the aggregate of their school money and school 
property bear the proportion to the aggregate of school money and 
school property in the other of said districts, as proved by section 
nineteen hereof, to submit the proposition of raising the amount 
determined upon by said commissioners to the legal voters of the 
district to be taxed, on a day to be hxed by said board of directors, 
on or before the first day of August, 1869; and if a majority of those 
voting at said election vote in favor of said proposition, then it shall 
be the further duty of said board of directors to make their certificate 
of levy for the amount necessary to be raised on the taxable property 
of said district, in the manner and form now required by the school 
law of this State for the raising of money by taxation for common 
school purposes; and upon the filing of such certificate of levy by 
said directors with the clerk of the county court of Schuyler, on or 
before the first day of September, A. D. 1869, or on the raising of 
said sum of money by said directors or by said district, on or before 
the first day of September, 1869, this act shall take effect and be 
deemed a public act, and shall thenceforth be in full force, but if the 
legal voters at such election should reject said proposition, or said 
district should fail to raise said sum of money on or before the first 
day of September, A. D. 1869, then this act to be null and void. 

§ 24. Said board of education, for the purpose of building school 
houses and repairing, improving or adding to the same, or purchas- 
ing schoolhouse sites, shall not have power to borrow money or raise 
the same by taxation, when the amount to be paid annually on such 
loan or to be raised annually by such taxation shall exceed one per 
cent, of the value of the taxable property of said Union School Dis- 
trict, unless they shall first have submitted the proposition for such 
loan or levy to a vote of the tax-paying voters of said Union District, 
at an election held as herein required for other purposes, and obtained 
a majority of the votes cast at such election in favor of such propo- 
sition, 

Appeoved March 30, 1869, 

SHELBYVILLE UNION SCHOOL DISTEICT, 

An Act entitled " An Act to incorporate the Slielhyville Graded 
School:' 

Section 1. Be it enacted by the People of the State of Illinois., 
represented in the General Assembly : That the territory embraced 
within the corporate limits of the city of Shelbyville, as at present 
defined, or as may hereafter be extended, shall constitute a union 
school district, to be known as the "Shelbyville Graded School." 

§ 2. The government of said school district shall be vested in a 
board of education to be composed of the six following named per- 
sons and their successors in office, viz: Anthony T. Hall, John W. 
Johnson, Findley Behymer, Thomas P. Ryan, Elisha E. Waggoner 
and William A. Cochran. Said persons composing the first board 
shall hold their office until the first Monday of April, in the year 
eighteen hundred and seventy, and until their successors are duly 



289 

elected and qualified; and they and their successors in office are 
hereby created and declared to be a body corporate and politic by the 
name and style of the "Shelbyville Graded School;" and by that 
name may sue and be sued, plead and be impleaded, and receive, pur- 
chase, acquire and hold title to both real and personal estate, con- 
veyed, given, granted, bequeathed, or in any manner transferred to 
said "Shelbyville Graded School," and may have and use a common 
seal, and alter the same at pleasure, and may sell and convey real 
estate and personal property belonging to the school district or dis- 
tricts embraced within said corporate limits; and all the school 
houses, property and real estate belonging to the school district or 
districts embraced within said school district are hereby conveyed 
and vested in said board of education in fee simple, and the said 
board of education are hereby made the successors of the directors of 
all the schools of the school districts merged in or embraced within 
the limits of said district; and all documents, contracts, indentures or 
instruments in writing made or issued by said board shall be signed 
by the president thereof, and attested by the clerk thereof. 

§ 8. On the first Monday of April, A. D. 1870, there shall be 
elected by the electors of said school district six persons, who shall 
constitute said board of education, and upon their first meeting the 
persons composing the same shall cast lots for their respective terms 
of office; two to serve for one year, two to serve for two years and two 
to serve for three years ; and on the first Monday of April annually, 
after the day and year aforesaid, there shall be elected by said elec- 
tors of said district two persons as members of said board of educa- 
tion, and also persons to fill any vacancy or vacancies in said board 
for unexpired terms, when they occur. Ten days previous notice of 
such elections shall be given by the clerk of said board by posting 
up written or printed notices of the time and place and purposes of 
such election, in the most public places in said school district. Said 
elections shall be held at the court house in said district and shall 
be by ballot. The president of said board and one member thereof 
shall be judges of such elections, and the clerk of said board shall be 
clerk of such elections, but if any of said officers shall fail to attend or 
refuse to act the electors assembled shall, viva voce, choose persons to 
act as such judges and clerk. A poll book shall be kept by the clerk 
registering the names of votes, and the persons receiving the highest 
number of votes cast shall be declared by the judges of such election 
duly elected. The elections shall be opened at the hour of ten o'clock 
a. m. and shall be closed at the hour of four o'clock p. m., and the 
judges and clerk shall certify to the board of education the names of 
the persons who are elected members of said board, and the number 
of votes each person voted for received. If between the time of the 
annual elections any vacancy shall occur in said board by death, re- 
moval from said district or resignation, the remaining members of 
said board shall appoint a person to fill such vacancy until the next 
annual election. 



-19 S L 



290 

§ 4. On the second Monday of April, in each year, said board of 
education shall meet and organize by electing one of their number 
president of said board, and another of their number clerk of said 
board, and shall appoint a treasurer of said corporation who shall not 
be a member of said board. The treasurer shall hold his office for 
one year and until his successor shall be appointed, but may be re- 
moved at any time for cause and his successor appointed. Said 
president and clerk shall hold their offices for one year; the clerk of 
said board shall be present at all meetings of said board and record 
the proceedings of such meetings in records to be provided by the 
board for that purpose; the result of the elections aforesaid and all 
appointments shall be entered in such records. Said proceedings 
when recorded shall be signed by the president and attested by the 
clerk of said board, and the same, or certified copies thereof, under 
the hand and seal of said clerk, shall be prima facie evidence in 
courts and elsewhere. Said board shall also meet on the second 
Monday of July, October and January of each year, and may adjourn 
from time to time as they may think proper, and the president or any 
two members of said board may call special meetings thereof when- 
ever it may seem proper. Four members of said board shall consti- 
tute a quorum for the transaction of business, and in the absence of 
the president or clerk, the board may appoint a president or clerk, 
pro tern., and upon the death, removal from the district aforesaid, or 
resignation of the president or the clerk, the board shall elect persons 
to fill such vacancies for the unexpired term. 

§ 5. Said board of education shall have the following powers, be- 
sides those hereinbefore mentioned: 

(1.) They shall provide schools for the accommodation of all 
persons residing within said school district, between the ages of 
five and twenty-one years, for not less than nine months of each 
year. 

(2.) They shall have control of all school houses, school lots and 
school property within said district; shall have power to purchase 
lots for the erection of school houses thereon; erect or hire buildings 
for school purposes and keep the same in repair, and furnish schools 
with necessary fixtures, furniture, books, apparatus and library. 

(3.) Whenever said board of education shall be of the opinion 
that any of the real estate belonging to said board or district has be- 
come unnecessary, unsuitable or inconvenient, or shall in any way 
deem it proper to sell such real estate, they may sell and convey the 
same; and all such conveyances shall be signed by the president and 
attested by the clerk of said board, and shall, when thus executed, 
pass the title to the real estate belonging to said corporation. 

(4.) They shall appoint principals of the schools of said district, 
and all teachers; fix their salaries or compensation, and may, at dis- 
cretion, dismiss such principal or teacher or teachers at any time. 

(5.) They shall direct what branches of learning shall be taught, 
and what books shall be used in said schools. 

(6.) They shall establish departments of difi^erent grades, and 
may, either themselves, with the aid of the superintendent or super- 
intendents, or through a committee of three examiners, to be 



291 

appointed by said board, including said superintendent or superin- 
tendents, examine scholars in advancing them from grade to grade, 
and upon passing a sufficient examination, upon completing the 
branches of learning directed by said board, scholars shall be entitled 
to a certificate from said board, under the hand of said president and 
attested by said clerk, that such scholar has graduated at said school, 
and said board shall have power to make all necessary rules and reg- 
ulations for the admission of pupils residing out of the district, and 
the government of the school or schools of said district, and may sus- 
pend or expel pupils guilty of refractory or incorrigible conduct, or 
possessed of any infectious or contagious disease, and may appoint 
agents and servants upon any matters conducive to the interests of 
said district. 

(7.) Said board shall have power, in the certificate of graduation 
heretofore provided for, to certify to the qualification of such scholar 
or scholars, and their fitness to teach in the common schools, and 
upon the presentation of such certificate of graduation to the super- 
intendent of the county of Shelby, such superintendent may grant to 
such scholar or scholars a certificate to teach in the common schools 
of the county without requiring such scholar or scholars to undergo 
any further examination. 

(8.) For the purpose of building a high or central school house 
and other school houses and purchasing lots or real estate for such 
buildings, libraries and apparatus, it shall be lawful for said board to 
borrow money at a rate of interest not exceeding ten per centum, jjer 
annum, and issue bonds therefor in sums of not less than $50, which 
bonds shall be signed by the president and attested by the clerk, for 
and in behalf of said board. And the said board shall, prior to the 
second Monday of August, annually, estimate the amount of money 
necessary to be raised by a special tax for school purposes in said 
district during the ensuing year, and find what rate per cent, this 
amount will require to be levied, which shall not exceed three per 
cent, on the assessed value of the real and personal property in said 
district, which rate shall be certified by the president and attested by 
the clerk, and when thus certified, returned to the clerk of the county 
court of Shelby county, on or before the second Monday of Septem- 
ber, annually, and which certificate may be in the following form : 

'•We, the 'Board of Education of the Shelbyville Union School,' hereby cer- 
tify that the district requii-es the rate of per centum on the dollar 

to be levied on the taxable property of said Union School District for the 

year , for school purposes. 

Dated this day of A. D 

A B President. 

Attest: C D Clerk." 

The money thus raised shall be appropaiated by the said board to 
the various objects for which it was intended, and shall be collected 
under section 45 of the act entitled "An act to establish and maintain 
a system of free schools," approved February 18, 1857, or any laws of 
this State that may hereafter be passed for the collection of school 
taxes, and shall be paid over by the collector or collectors to the 
treasurer of said district. 



292 

§ 6. The treasurer of said school district, within ten days after 
his appointment, shall execute a bond, with two or more good and 
sufficient sureties, to be approved by said board, to be filed with the 
clerk thereof, in a penalty to be fixed by and running to said board, 
conditioned that he would keep, and from time to time pay over all 
moneys, upon the order of said board, that he should receive as such 
treasurer, and deliver over to his successor in office all books, papers, 
securities, property and moneys in his hands as such treasurer, and 
faithfully discharge the duties of his office. And it shall be the duty 
of said treasurer to receive and keep all moneys of the said board, and 
all the moneys due said board shall be paid to said treasurer, and he 
shall keep a true and accurate account of the same, and of all moneys 
he shall pay out, in a record to be kept for that purpose, and he shall 
pay out no money except on the order of said board, and shall retain 
vouchers for all moneys he shall pay oat, and shall receive 1 j}er 
centum upon all moneys received and paid out by him for his service; 
and he shall settle with the said board at least once in each year, and 
oftener if said board shall so require. All orders of said board drawn 
on the treasurer shall state for what purpose given, and a record of 
the same shall be made by the clerk. 

§ 7. Said corporation shall be entitled to receive pro rata shares 
of the State, county and township school funds, the same as given to 
other school districts of said county, and the board shall require the 
teachers or the principal teacher of the schools of said district to 
keep and return schedules as now required by law or as may here- 
after be required by law; said schedules or copies thereof shall be 
filed with the township treasurer of Shelbyville township, in said 
county, before the semi-annual meeting of the trustees of schools of 
said township, in the months of April and October in each year, or 
other times that may be fixed by law for the distribution of the 
school fund, and said trustees of schools shall distribute to said 
district a pro rata share of the amount of State, county and township 
funds, according to the number of children under 21 years of age, 
and the attendance certified in said schedule or schedules or copies, 
or according to any other basis upon which said funds shall be dis- 
tributed, as may hereafter be fixed by law, in the same manner and 
proportion as made to other school districts of said township, which 
shall be paid over by the said township treasurer to the treasurer of 
said district, and in case of any irregularities or omissions in said 
schedules, or copies thereof, or in making or filing the same with 
said township treasurer, as aforesaid, the said trustees of schools or 
other distributing officer, that may be hereafter created, shall not fail 
to distribute to said school district its share of said funds on that 
account, but shall proceed to obtain a correct enumeration of children, 
if no enumereti®n has been made, and statement of such attendance 
upon the schools of said district, or requiring such enumerations and 
schedules, or copies thereof to be made, and it shall be the duty of 
said board to cause the clerks to certify to said trustees of schools of 
said township, on or before the first day of September in each year. 



293 

the number of children nnder 21 years of age, and between the ages 
of 5 and 21 years living in said district, and any and all other infor- 
mation required under the common school law of the State. 

§ 8. No person shall be qualified as an elector at any of the fore- 
going elections unless he shall be qualified as an elector under the 
laws of the State of Illinois. 

§ 9. The treasurer of said township shall pay over to the treasurer 
of said district all moneys and funds belonging to the several 
districts embraced within the corporate limits aforesaid, and said 
board of education shall pay the debts and liabilities of the said 
school districts embraced within said district. 

§ 10. The board of education may admit pupils from Shelby 
county and elsewhere upon such terms and charges of tuition as they 
may deem proper. 

§ 11. No person shall serve as a member of the board of education 
who is not a qualified voter under the laws of this State, and who is 
not a freeholder in said school district. 

§ 12. This act shall be submitted to a vote of the qualified electors 
of said district, to be held at the court house in said city of Shelby- 
ville, on the first Monday of April, A. D. 1869. Ten days previous 
notice thereof shall be given by the persons named in said board of 
education, by publication in one or more of the newspapers in said 
city, of the time and place of holding said election, and the persons 
appointed as the board of education shall, before the time of giving 
the notice aforesaid, meet and organize by selecting two of their 
number to act as judges of said election, and by selecting one of their 
number to act as clerk of said election; said election to be conducted 
in the same manner as is in this act prescribed for holding the annual 
district election for said district. Those voting in favor of the 
adoption of the foregoing act shall vote thus: "For School Act." 
Those opposed to the adoption of said act: "Against School Act." 
And if at any such election a majority of the votes cast are for the 
said act, then it shall be the duty of said board of education to make 
a record of said vote in the records of said board of education, and 
said act shall be deemed and taken to be a public act from and after 
said election: Provided, that if a majority of the votes cast are 
against the adoption of said school act, then said act shall be deemed 
null and void. 

Approved March 30, 1869. 

SPAETA SCHOOL DISTEICT. 

An Act to establish a corporation in Sparta School District for the 
purpose of public education. 

Section 1. Be it enacted by the People of the State of Illinois, 
represented in the General Assembly: That all persons residing 
within the limits of Sparta School District, a description of which is 
as follows, viz: Beginning at the northwest corner of section 2 and 
running east along the township line between towns four and five 
south to the northeast corner of town five South, range six West, thence 



294 

east on said line to the northeast corner of section six of town five 
South of range five West, thence south between sections five and six of 
town five, range five, west one mile, thence south between sections 
seven and eight of town five of range five West, one half mile, thence 
west through the center of section seven one mile to range line between 
range five and six, thence west through center of section twelve, town 
five, South range six West to line between sections eleven and twelve 
of town five, South range six W^est, thence west to the center of section 
eleven, town five. South range six West, thence north through the 
center of sections eleven and two to the center of section two, thence 
west one half of a mile to the line between sections two and three, 
thence north to the place of beginning, south of the third principal 
meridian, in Randolph county. State of Illinois, as the same now are 
or hereafter may be established by law, are hereby constituted a body 
politic and corporate by the name and style of "The Board of Educa- 
tion of the Sparta Public Schools," and by that name they and their 
successors shall be knov\^n in law, have perpetual succession, sue and 
be sued, implead and be impleaded, defend and be defended, in all 
courts of law and equity in all actions whatever; may purchase, receive 
and hold prox^erty, real and personal, aod may lease, sell or dispose of 
the same, and may do all other acts as natural jjersons; they shall 
have a common seal, and may change and alter the same at pleasure. 

§ 2. The powers of the corj)oration hereby established shall be 
vested in a president and directors, who shall be freeholders, at least 
21 years of age, and have resided at least twelve months previous to 
their election within said corporation limits, and who shall be citizens 
of the United States and have paid a school tax, and who shall be 
chosen and appointed as hereinafter directed. 

§ 3. The board of education shall consist of six members, and the 
first election shall be held on the last Monday of March, 1865, and it 
shall be the duty of the mayor and common council of the city of 
SjDarta to order an election for said six directors of the board of 
education of the Sparta public schools at some convenient place in 
the city of Sparta, and said mayor and common council shall appoint 
three judges and two clerks to conduct said election; which election 
shall be conducted under the same usages as the election of mayor 
and council of said city of Sparta; and said judges and clerks shall 
make certified returns of said election to said mayor and common 
council, who shall open and declare the result of said election ; and the 
clerk of said city of Sparta shall notify in writing, within five days 
after said election, said directors of their election; and thereafter the 
election of school directors shall be held by the same judges and on 
the same day, and at the same time and places as the election of mayor 
and common councilmen of the city of Sparta; and the judges and 
clerks shall make certified returns of the same to the board of educa- 
tion, who shall open the same and declare the result; and no person 
shall vote in choice of said directors who is not a legal voter under 
the laws of this State, and has resided sixty days previous to said 
election within said corporate limits. 



295 

§ 4. Theboardof directors shall elect one of their own number presi- 
dent, who shall be styled "The President of the Board of Education 
of the Sparta Public Schools," and the said board of education shall 
have power to judge of the qualifications, elections and returns of its 
members; to prescribe the manner of conducting the elections of its 
members in the several places of said elections ; to compel the attend- 
ance of absent members in the meetings of said board, and by the 
concurrence of two-thirds of all the members elected expel a member, 
but not a second time for the same offense; to make rules for the 
government of their own proceedings, and so have charge and control 
of the public schools and all property appropriated to the use of public 
schools within the said corporate limits. 

§ 5. Said board of education may receiA'^e any gift, grant, donation, 
devise, bequest, legally made for the use of any school or schools, or 
libraries or other school purjDoses, within their jurisdiction; and they 
shall be and are hereby invested in their corporate capacity with the 
title, care and custody of all school houses, school sites, school libra- 
ries, apparatus and other property belonging or appertaining to the 
common schools of said corporate limits, with full power to control 
the same in such manner as they may think will promote the interest 
of the schools and the cause of education; and when, in their opinion, 
any school house or school house site has become unnecessary, or in- 
convenient or unsuitable for a school, said board may sell and convey 
the same in the name of the said board, and such conveyance, as well 
as all other conveyances, contracts and assignments of the board, shall 
be executed by the president and clerk of the said board in the name 
of the board of education of the Sparta public schools; and the avails 
of all sales and assignments shall be paid to the treasurer of said board 
for the benefit of said schools; and all convey ances of real and personal 
estate, and assignments of choses in action which may be made to 
said board, shall be made to said board in its corporate name; and 
said board may purchase and hold such real estate and personal 
property as may be necessary for the establishment and supj)ort of 
said schools; and such real estate as may be purchased under any sale 
upon execution or decree in favor of said board or in satisfaction of 
any debt due said board; and said board may at any time afterwards 
sell and convey the same; and said board shall have power to make all 
rules, ordinances and statutes proper for the government and manage- 
ment of such schools and property: Provided, that the same shall 
not be inconsistent with the laws of the land; and generally to do all 
acts which may be lawful and proper to carry into effect the objects 
of this corporation. 

§ 6. It shall be the duty of the board of education to cause an 
abstract of the whole number of white persons under 21 years of age 
in said corporate school limits to be furnished to the school commis- 
sioners, or other proper ofiicers, before the first Monday in October^ 
and annually thereafter; and the school commissioner or other officer, 
as aforesaid, shall annually pay to the treasurer of said board of 
education the projDortion of the public school fund, to which said 
corporate district would be entitled, according to the number of white 



296 

persons aforesaid under the age of 21 years, and shall take duplicate 
receipts of said treasurer therefor, one of which shall be retained, and 
the other shall be filed with the clerk of said board. 

§ 7. For the purpose of building school houses, purchasing school 
house sites, or for repairing and improving the same, it shall be lawful 
for the board of education of said Sparta public schools to borrow 
money at a rate of interest not to exceed 10 per ce7ii. per annum, and 
issue bonds therefor, in sums not less than $50.00, which bonds shall 
be executed by the president and clerk of said board in the name of 
said board of education: Provided, that the total indebtedness in- 
curred by the said board of education shall not at any time exceed one 
half of 1 per centum of the assessed value of the real and personal 
property of said corporation; and for the payment of said bonds the 
proceeds of the tax to be levied and collected for school purposes for 
the year next ensuing the issuing of said bonds is hereby specially 
pledged, and said tax shall be applied to the payment of said bonds 
in preference to any other debt. 

§ 8. Said board of education shall establish a system of graded 
schools in said corporate school limits, commencing with a primary 
and ending with a high school ; the district of which shall be the cor- 
poration limits, hereby established ; but the district of all the lower 
grades may be fixed by said board of education; and the school year 
shall consist of forty-two weeks, commencing on the first Monday of 
September, and said school year shall be divided into three terms. 
The time of commencing and closing each succeeding term to be de- 
termined by the president and directors. The remainder of the year 
shall consist of vacations. The fiscal year shall correspond with the 
school year. 

§ 9. The members of the board of education shall be elected for 
the term of three years, and until their successors shall be duly elected 
and qualified; and one third of the members shall go out of office at 
the end of every year; and for that purpose the board shall cause its 
members to be divided by lot into three equal classes, the first class 
to go out of office at the end of one year, the second at the end of two 
years, and the third at the end of three years, so that one third of the 
board shall be elected every year. 

§ 10. The said board of education shall annually, on or before the 
first Tuesday of April in each year, levy on all real and personal pro- 
perty within said corporate limits, made taxable by law, for State and 
county purposes, a tax, not more than ten mills on the dollar, and 
shall fix and determine what shall be the rate per cent, of taxation for 
each year for school purposes, and shall make an order therefor and 
enter the same on the records of the board ; and the said board shall 
immediately furnish the collector of Randolph county with a copy 
thereof, certified to by the president and clerk, which being done, 
said collector shall take the assessment made by the assessor of Ran- 
dolph county within said corporate limits of Sparta public schools 
as laid down in section one of this act, and from said assessment, is 
hereby authorized to make a tax list in pursuance of and for the pur- 
pose in this act mentioned, and shall proceed to collect the same for 



297 

school purposes, in accordance witli said order; and said amount, 
when collected, shall be paid by said officer to the treasurer of said 
board of education, and duplicate receipts taken therefor, one of 
which shall be filed with the clerk of said board of education, and the 
other retained by said collector; and for his compensation for such 
collection shall receive the same per centum as he is allowed by law 
for State and county revenue, and for neglect of duty under this act, 
shall be liable to and suffer the same penalties as for neglect in the 
collection of State and county tax; and the board of education of 
Sparta public schools may require the said collector of Randolph 
county, before he enters upon the duties imposed upon him in this 
act, to enter into bond in such amount as they shall deem sufficient, 
with good and sufficient security, to be approved by said board of 
education, conditioned for the faithful performance of the duties as 
collector of said tax in this act specified. 

§ 11, Said board of education shall have power to allow the 
children of persons, not residents of said corporate limits, to attend 
the schools of said corporation under the control and care of said 
board, upon such terms as said board shall, by resolution, prescribe, 
fixing the tuition which shall be paid therefor; and said board shall 
have power to furnish to all children, who cannot otherwise obtain 
the same, all necessary school books, using any of the school funds 
for said purpose. 

§ 12. No director of said board of education of the Sparta public 
schools shall receive any compensation for duties as such. 

§ 13. It shall be the duty of the clerk of said board, immediately 
after the election of any person as director of Sparta public schools, 
in writing to notify him of his election, and if any such person shall 
not within ten days after receiving such notice of election, take and 
subscribe the required oath, and file the same with the clerk of said 
board, the said board shall consider it as a refusal to serve, and order 
an election to fill said vacancy. 

§ 14. Said board of education shall employ a treasurer and secre- 
tary, and such other agents as to them shall seem necessary, and 
shall allow them such compensation as may be agreed upon; and the 
said board shall require their treasurer to enter into such bond for 
the faithful discharge of his duties under this act, as shall protect 
the monied interest of said school corporation. 

§ 15. Said board of education shall take control of the education 
of the colored citizens within said corporate limits, and may estab- 
lish a colored school, and for the support of such school shall apply 
the local school tax collected on the property of the colored citizens 
within the limits of said corporation, and may receive any money or 
moneys that may be contributed for the benefit of said colored schools, 
and apply the same to the support of said schools; and they may 
receive and apply any funds that may be allowed by the Sate or 
general government, for the education of colored people. 

§ 16. Said board of education shall, if required to, furnish to the 
State Superintendent of Public Instruction, or if required, lay the 



298 

same before the General Assembly, a full statement concerning the 
schools under their charge, and shall in all respects comply with the 
requirements of the seventy-ninth section of the common school law. 

§ 17. Said board of education may make 'such by-laws, rules and 
regulations, as are necessary to the exercise of the foregoing powers. 

§ 18. Said board of education shall, immediately after their 
election, proceed to take charge of and organize the public schools of 
said corporate limits, in accordance with the requirements of this 
act. 

§ 19. This act shall be deemed a public act, and take effect and 
be in force from and after its passage. 

Approved Feb. 16, 1865. 

SPEINGFIELD SCHOOL DISTEICT. 

An Act to reduce the ^Act Incorporating the City of Spririg field, ^ 
and the several acts amendatory thereof, into one act, and to amend 
the same. 

Aeticle XII. 

Section 1. All that part of township No. 16 North, of range 
No. 5 West of the third principal meridian, lying within the corporate 
limits of the City of Springfield, with such other parts of said town- 
ship as may be hereafter incorporated with and come within the 
jurisdiction of said city, is hereby erected into a common school dis- 
trict, to be known as the Springfield School District. 

§ 2. The school land, school fund, and all other real and personal 
estate of said township, shall be divided between the said City of 
Si^ringfield, and the portion of the township lying without the limits 
thereof, in the proportions and manner following: The trustees of 
schools of said township shall, within three months from the passage 
of this act, appoint two commissioners, who shall be respectable 
householders, one of whom shall reside in the city, and the other 
in the township without the city, who, after being duly sworn, well 
and truly to perform their duties, shall proceed to ascertain, as nearly 
as may be, the whole number of white iDersons under the age of 
twenty-one years residing in the whole of said township, and the 
whole number residing in said city, and without said city in said 
township, and thereupon the said trustees shall divide and apportion 
the aforesaid township fund, and real and personal estate, between 
said city and said township without the city, in the proportion of and 
according to the number of persons aforesaid residing within the city 
and without the city, in the said township respectively; and the said 
commissioners shall have power to make partition of, and division of 
all the funds and real and personal estate belonging to the said town- 
ship, between the city and the township without the city, in the pro- 
portions aforesaid, and having completed the same, shall make a full 
return of their proceedings to the trustees aforesaid. In case the 
commissioners shall refuse or neglect to perform their duties, the 



299 

trustees shall appoint others in their stead, who shall be chosen, 
sworn, and perform the like duties assigned to the first commissioners, 
and the trustees shall have power to fill vacancies and make appoint- 
ments until the objects of this act are carried into effect. 

§ 3. The trustees of schools of said township shall, upon such 
division partition, and return to the commissioners being made, pay 
over and deliver to the clerk of the city of Springfield the funds and 
other personal estate, and make, execute and deliver to the said city 
of Springfield all necessary deeds and other conveyances for the dis- 
tributive share of the real estate of said township to which the said 
Springfield school district may be entitled according to the division 
and distribution aforesaid, and take receipt for same from the clerk. 

§ 4. It shall be the duty of the city council to cause an abstract 
of the whole number of white children under the age of twenty- one 
years in the Springfield school district to be furnished to the school 
commissioner of Sangamon county, within ten days after the same 
shall have been ascertained, and the school commissioner shall an- 
niially pay to the clerk of the city of Springfield the ]oroportion of the 
school, college and seminary fund to which the said Springfield school 
district may be entitled, according to the number of persons under 
the age aforesaid residing in said district, taking his receipt therefor; 
but no abstract shall be required to be returned to the school com- 
missioner oftener than is required by law in other school districts. 

§ 5. The school land, school fund and other property of the 
Springfield school district shall be vested in the city of Springfield. 
The city council shall have power, at all times, to do all acts and 
things in relation to said school lands, school fund and other property 
which they may think proper to their safe preservation and eflficient 
management, and sell or lease said lands and all other property which 
may have been or may hereafter be donated to the school fund, on 
such terms and at such times as the city council may deem most ad- 
vantageous, and on such sale or lease to make, execute and deliver all 
proper conveyances, which said conveyances shall be signed by the 
mayor or presiding ofiicer, and countersigned by the clerk, and sealed 
with the corporate seal, but the proceeds arising from such sales shall 
be added to and constitute a part of the school fund. 

§ 6. Nothing shall be done to impair the principal of said fund, 
or to apjjropriate the interest accruing from the same to any other 
purpose than the payment of teachers in the public schools of the dis- 
trict, and should there be any surplus of interest it shall be carried 
to and form a part of the school fund. 

§ 7. The city council shall have power — 

First — To erect, hire or purchase buildings suitable for school 
houses, and keep the same in repair. 

Second — To buy or lease sites for school houses, with the necessary 
grounds. 

Third — To furnish schools with the necessary fixtures, furniture 
and apparatus. 



300 

Fourth — To maintain, support and establish schools, and supply 
the inadequacy of the school fund for the payment of city teachers 
from school taxes. 

Fifth — To fix the amount of compensation to be allowed to teachers. 

Sixth — To prescribe the school books to be used and the studies to 
be taught in the different schools. 

Seventh — To lay off and divide the city into smaller school districts, 
and from time to time alter the same and create new ones as circum- 
stances may require. 

Eighth — The city council shall be ex officio inspectors of schools, 
but they may appoint seven inspectors, to be denominated "A Board 
of School Inspectors," — also three trustees of schools in each district, 
and to establish and prescribe the powers and duties of each. 

Ninth — And generally to have and posses all the rights, powers 
and authority necessary for the proper management of schools, and 
the school lands and funds belonging to the said school district, with 
power to enact such ordinances as may be necessary to carry their 
powers and duties into effect. 

§ 8. The city council shall have power to appoint a school agent, 
who shall have the control and management of the money, securities 
and property belonging to the school fund of the district, subject to 
the direction of the city council. 

§ 9. The school agent, before entering upon his duties, shall give 
bond in such amount and with such conditions and securities as the 
city council may require, his compensation shall not be paid out of 
the school fund, and he shall be subject for misconduct in office to 
the same penalties and imprisonment as school commissioners are or 
may be subject to by law, 

§ 10. The school fund shall be kept loaned at interest at the rate 
of ten per cent, per annum, payable semi-annually in advance. No 
loan shall be made for a longer period than five years, and all loans 
exceeding one hundred dollars shall be secured by unincumbered real 
estate of double the value, at the least, of the sum loaned, exclusive 
of the value of the perishable improvements thereon; for sums less 
than one hundred dollars, two good securities besides the principal 
shall be required: Provided, the city council shall have power to re- 
duce the rate of interest by a vote of two-thirds of all the aldermen 
elected. 

§ 11. All notes and securities shall be taken to the city of Spring- 
field, for the use of the inhabitants of said city, for school purposes ; 
and in that name all suits, actions and every description of legal pro- 
ceedings may be had. 

§ 12. All expenses of preparing and recording securities shall be 
paid exclusively by the borrower. 

§ 13. In the payment of debts of deceased persons, those due the 
school fund shall be paid in preference to all others, except expenses 
attending the last illness and funeral of the deceased, not including 
the physician's bill. 

§ 14. If default be made in the payment of interest or of the prin- 
cipal when due, interest at the rate of 15 per cent, upon the same shall 



301 

be charged from the default, and may be recovered by suit or other- 
wise. Suit may be brought for the recovery of interest only when the 
principal is not due. 

§ 15. All judgments recovered for interest or principal, or both, 
shall respectively bear interest at the rate of 10 per cent, per annum, 
from the rendition of judgment until paid; and in case of the sale of 
real estate thereon, the city of Springfield may become the purchaser 
thereof, for the use of the school fund, and shall be entitled to the 
same rights given by law to other purchasers. On redemption 10 per 
cent interest shall be paid from the time of sale. 

§ 16. No costs made in the course of any judicial proceeding in 
which the city of Springfield, for the use of the school fund, may be 
a party, shall be chargeable to the school fund. 

§ 17. If the security of any loan should, at any time before the 
same is due, become, in the judgment of the school agent and city 
council, insecure, the agent shall notify the person indebted thereof, 
and unless further satisfactory security shall be forthwith given by 
the debtor, judgment may be recovered thereon as in other cases, 
although no condition to that effect be inserted in the note or other 
security. 

§ 18. The council shall annually publish, at such times as may be 
prescribed by ordinance, in the newspaper publishing the ordinances 
of the city, a statement of the number of pupils instructed in the year 
preceding, the several branches of education pursued by them, and the 
receipts and expenditures of each school, specifying the sources of 
such receipts, and the object of such expenditures. 

§ 19, The school tax shall be paid into the city treasury, and be 
kept a separate fund for the building of school houses, and keeping 
the same in repair, and supporting and maintaining schools; and 
should there at any time be a surplus, the same may be paid over to 
the school fund and form a part of the same. 

§ 20. Any person owning land, or residing around, or adjacent to 
said city, within two miles thereof, may, with his consent, be annexed 
to said Springfield school district, and school tax may be levied [and] 
collected upon the lands and property of such person subject to taxa- 
tion, by the city collector, in the same manner as school taxes within 
the said district. 

Appeoved, March 2, 1854. 

SPEINGFIELD SCHOOL DISTRICT AGAIN. 

An Act to amend the charter of the City of Springfield. 

Section 1. Be it enacted by the People of the State of Illinois, 
represented in the General Assembly : That all the rights, powers 
and privileges, in relation to schools, school property, real or personal 
or school funds, now vested in the city council of the City of Spring- 
field, be and the same is hereby vested in the board of education of 
the City of Springfield, to be chosen and organized as hereinafter 
provided. The said board of education shall not purchase, lease 



302 

or sell lands, or sell or build additional school houses, or lease or rent 
the same, without the consent and approval of the city council of 
the City of Springfield. 

§ 2. The said board of education of the City of Springfield shall 
consist of nine members, and it shall be the duty of the city council, 
on the first Monday of May, A. D., 1869, to elect, by ballot, three 
members of said board, each one of whom shall be from a diiferent 
ward, who shall serve one year, three members of said board, each 
one of whom shall be from a different ward, who shall serve two 
years, and the three remaining members of said board, each one of 
whom shall be from a different ward, who shall serve three years; 
to be taken, as near as practicable, equally from the several school 
districts of the city; and the members so chosen shall compose said 
board until their successors are duly elected and qualified. Before 
entering upon their duties, the members of the board of education 
shall take an oath to support the Constitution of the United States 
and of the State of Illinois, and to properly and faithfully perform 
the duties of said office to the best interests and efficiency of the 
schools. 

§ 3.. The city council of the City of Springfield shall, on the first 
Monday of May, 1870, and on the first Monday of May, annually, 
thereafter, elect successors to those members whose terms of office 
are then expiring, and the persons so elected shall hold their offices 
for three years and until their successors are elected and qualified. 
The said board of education, or the remaining members thereof, shall 
have power to fill, until the ensuing annual election, all vacancies in 
said board occasioned by death, resignation, disqualification, failure 
to elect, or removal from said district: Provided, no member of the 
city council, or any person holding office under the city, whether 
elected or appointed, shall be a member of the board of education. 

§ 4. It shall be the duty of said board of education to report to the 
city council of the City of Springfield, at their regular meeting in the 
month of June, 1869. and annually thereafter, the amount of money 
needed and required for public school purposes in said City of 
Springfield, for the fiscal year, commencing the first Monday of Sep- 
tember succeeding each report. 

§ The city council of said City of Springfield shall thereupon levy 
and cause the same to be collected, the said amount of money so 
reported by the board of education, on all the real and personal 
property of said city according to the assessment and valuation there- 
of, and the same shall be collected by the collector of said city the 
same as other city taxes are collected. The collector shall keep a 
separate account of the same, and shall pay said taxes to the city 
treasurer, to be used and applied for public school purposes. 

§ 6. All school funds paid into said treasurer, or coming into his 
hands, shall be paid out only on the order of the board of education, 
signed by the president and attested by the signature of the secre- 
tary of said board of education; and for the payments made, receipts 
shall be taken and filed by said secretary and treasurer, and said 



308 

orders and receipts shall show the purpose for which, and on what 
account said orders were drawn. 

§ 7. It shall be the duty of said board of education, immediately 
after each annual election, to meet and organize by electing one of 
their number president, and the superintendent of schools shall be 
ex-officio, secretary of said board, and a majority of said board shall 
constitute a quorum for the transaction of all businiss. 

§ 8. All prior acts or ijarts of acts inconsistent with the provisions 
■of this act, are hereby repealed; and this act is hereby declared a 
public act, and shall take effect and be in force from and after its 
passage. 

Appkoved March 27, 1869. 

TUSCOLA UNION SCHOOL DISTRICT 

An Act to esiahlish and form the Tuscola Union School District., 

Section 1. Be it enacted hy the People of the State of Illinois, 
represented in the General Assembly: That all that district of 
country embraced in the following sections and parts of sections, to-- 
w^it: The south half of section twenty-one (21), the southwest quarter 
•of section twenty-two (22), the south half of section twenty-sis (26), 
the south half and northwest quarter of section twenty-seven (27), all 
of section twenty-eight (28), the southeast quarter of the southeast 
quarter of section thirty-two (32), all of sections thirty-three (33), 
thirty-four (34), thirty-five (35) and thirty-six (36), all of township 
sixteen (16) North, range eight (8) East, and lots three (3) and four 
(4) of the northeast quarter and lots three (3) and four (4) of the 
northwest quarter of section one (1), lots three (3) and four (4) of the 
northeast quarter, and lots three (3) and four (4) of the northwest 
■quarter of section two (2), lots three (3) and four (4) of the northeast 
quarter, and lots three (3) and four (4), of the northwest quarter of 
section three (3), and lots three (3) and foar (4), of the northeast 
quarter of section four (4), of township jSfteen (15) North, range eight 
(8) East, all in the county of Douglas, and State of Illinois, is hereby 
made and constituted a permanent school district, by the name of 
"The Tuscola Union School District," and that no territory shall be 
ever taken therefrom, except by act of the Legislature of this State. 

§ 2. That the public schools of said district shall be under the ex- 
clusive management and control of six persons, to be elected' and 
qualified as hereinafter specified, and known as "The Board of Educa- 
tion of Tuscola Union School District," which board of education and 
their successors in office shall be a body corporate and politic, by the 
name and style aforesaid; and may have a common seal, and change 
the same at pleasure; and, as such board, may contract and be con- 
iracted with, sue and be sued, plead and be impleaded, in any court of 
law or equity in this State; and, as such board and in such name, 
shall be the legal successors of the trustees of schools and school 
directors in the territory embraced herein, and shall be and are hereby 
invested, in their corporate capacity, with the title, care, custody and 



804 

control of all lands, lots, school houses and buildings, school libraries 
and apparatus, and shall receive all moneys and other property belong- 
ing or in any way accruing to said district or to any part thereof, for 
the use and benefit of public schools therein, with full power to use 
and control the same in such manner as they think will best promote 
the interests of public schools and the cause of free education, not in- 
consistent with this act; and said board shall, also, be capable of 
receiving any gift, grant, bequest or devise of real estate, personal 
property or money, made for the use or benefit of public schools in 
said district ; and all moneys accruing to said district for school pur- 
poses under any law of this State shall be paid over to the treasurer 
of said board of education. 

§ 3. That, for the purpose of organiz&,tion, the following persons^ 
viz: Michael Noel, George P. Almstead, John Mann, John Ervin, 
Parker Elliott and Andrew Gr. Wallace, shall be and are hereby made 
and constituted a board of education for said district, until the first 
Monday of August, in the year of our Lord one thousand eight 
hundred and sixty-nine, at which time the qualified electors of said 
district shall, upon the usual notice being given in the case of the 
election of school directors under the general law, elect six (6) mem- 
bers of said board, who with their successors in office, shall compose 
and constitute said board of education and first incorporators under 
this act, two of whom shall serve for one year, two for two years and 
two for three years. The time that each shall serve shall be 
designated on the ballots cast at such election; and annually there- 
after there shall be chosen in the same manner two members of said 
board, each of whom shall serve for the period of three years and until 
their successors are elected and qualified. Such intermediate vacan- 
cies as may occur in said board shall be filled by the remaining acting 
members until the next annual election, when such vacancy or vacan- 
cies shall be filled by the electors of said district. Elections held in 
pursuance of this section shall be conducted in the manner prescribed 
by the general school law of this State for holding elections for school 
officers — three (3) members of board acting as judges. 

§ 4. That said first mentioned board, within ten days after the 
taking efl^ect of this act, shall meet, and after having taken an oath 
to properly and faithfully perform the duties as a member of such 
board of education and to support the Constitution of the United 
States and of the State of Illinois, organize, by appointing one of 
their number president and one clerk, and appointing some person, 
not of their number, treasurer, but who shall be a resident of the dis- 
trict. The said treasurer, who may be appointed by the first 
mentioned board, shall hold his office until the meeting of the first 
elective board shall meet under this act and until his successor shall 
be qualified. Thereafter the treasurer duly appointed by such board 
shall hold his office for two years and until his successor shall be 
qualified, but may be removed at any time by the board, for good 
cause; and every subsequent board, chosen or elected as herein pro- 
vided, shall meet within ten days after their election and take an oath 
and organize in accordance with this act. 



305 

§ 5. Said board may hold stated meetings, at such time and places 
in said district as they may appoint — four members of said board at 
all such meetings constituting a quorum to do business — the presi- 
dent having a vote only in case of a tie. And special meetings may 
be called at any time by the president or any two members, by giving 
one day's notice of the time and place of such meeting: Provided, 
that if the president of the board shall be absent from any meeting 
thereof a temporary president shall be appointed; and said board may 
pass and enforce such by-laws, rules and regulations, for their own 
government and the government of the clerk and treasurer, not in- 
consistent with this act, as they may deem proper, and, by resolution, 
shall direct the payment of all moneys that shall come into the hands 
of the treasurer; and no money shall be paid out of the treasury, 
except in pursuance of such resolution and on written order of the 
president, countersigned by the clerk. 

§ 6. All school lands, school funds and other real or personal 
estate, notes, bonds or obligations belonging to township fifteen (15) 
North, range eight (8) East of the third principal meridian, and 
township sixteen (16) North, range eight (8) East of the third princi- 
pal meridian, in the county of Douglas and State of Illinois, held or 
owned for school purposes by said townships or either of them, shall 
be divided between the said Tuscola Union School District and the 
portions of said townships without said district in the proportion and 
manner following, to- wit: The school trustees of each of said town- 
ships shall, within thirty days after the taking effect of this act, ap- 
point two commissioners, who are freeholders, one a resident of said 
school and the other a resident without the district, who, after being 
duly sviorn to well and truly discharge their duties, shall ascertain 
the whole number of persons under the age of twenty-one years resi- 
dent in that part of the said district taken from the township of which 
such commissioners are residents and the whole number of persons 
under twenty-one years in such township without said district and 
the whole number in such township, including such part of the dis- 
trict as may be in such township; and thereupon said trustees of 
schools of each of said townships, aforesaid, shall divide and apportion 
said funds, real estate, personal property, notes, bonds and obligations 
of said townships between the said district and the portions of each 
of said townships without said district, in proportion to the whole 
number of persons under twenty-one years of age in that part of said 
district lying in each township to the whole number of persons under 
twenty-one years of age in the whole of such townships: Provided, 
such division of real estate and personal property shall not include a 
division of the value of school houses, buildings, grounds and furni- 
ture belonging to any district from which the Tuscola Union School 
District is taken. Said trustees shall have power to supply any 
vacancy occurring among said commissioners, and compensate them 
for such services in such amounts as the said trustees shall deem 
proper and right. The report of the commissioners shall report the 

—20 S L 



306 

number of persons so ascertained to be within the townships and 

district, as hereinbefore directed, to the said trustees within days 

from their appointment. 

§ 7. Said trustees or other person or persons having control or cus- 
tody of such funds, property, bonds or obligations shall, upon such 
division being made, pay over, assign, transfer and deliver to the 
board of education of Tuscola Union School District the portions of 
the personal property, notes, bonds and obligations to which such 
school may be entitled, and execute and deliver to said board of edu- 
cation the necessary deeds and conveyances for the shares of real es- 
tate due said district under such division; which funds and other per- 
sonal property, real estate, notes, bonds and obligations shall be and 
remain under the full and entire control and power of said board of 
education, for the use and benefit of said district, subject only to the 
provisions of the general school laws of this State defining the powers 
and duties of trustees of schools. 

§ 8. The board of education of said district shall prepare or cause 
to be prepared by the treasurer or clerk of the board, or other per- 
sons and furnished to the superintendent of the schools of Douglas 
county, on or before the first Monday of October, annually, a report, 
containing the same facts and statistics as are required to be embraced 
in the reports of township treasurers to the county superintendent of 
schools by the general school laws of the State of Illinois ; and the said 
superintendent or other officer shall pay to the treasurer of said dis- 
trict its proportion of the school, college or seminary fund of the two 
mill tax, interest, fines and other moneys or special taxes distributed 
according to the laws in force for each apportionment or distribution, 
treating such district for this purpose the same as a township. 

§ 9. The said board of education shall establish and maintain a 
sufficient number of free schools for the education of every white per- 
son residing in said district over the age of six years and under the 
age of twenty-one years, and shall take the necessary provisions for 
continuing said schools in operation not less than eight months nor 
more than ten months in each year; and for the purpose of more suc- 
cessfully accomplishing this end, the said board shall have power — 

First — To rent, lease or purchase grounds and sites for school build- 
ings. 

Second — To hire, purchase or erect, in accordance with provisions of 
this act, houses and buildings to be used for school purposes and to 
keep the same in proper repair. 

Third — To furnish the schools in said district with all the nec- 
etssary furniture, fixtures and apparatus. 

Fourth — To establish in said district as many primary schools and 
those of higher grades as said board shall deem proper; to determine 
the branches or studies to be taught in each department or grade, and 
to prescribe and enforce rules and regulations for the admission of 
pupils into the same and for promotion from one grade or department 
to another, and also to determine the text books to be used therein. 

Fifth — To hire and appoint all teachers of said schools, establish 
rules respecting their qualifications and how the same shall be de- 
termined, fix the amount of the salary or compensation of each teacher. 



307 

and may dismiss any teacher at any time for incompetency, immoral- 
ity or other good cause: Provided, that nothing herein contained 
shall be construed as to supersede the necessity of every teacher first 
procuring a certificate from the county superintendent of county 
schools, as is now required by the general law of this State. 

Sioih — To lay off and sub-divide said district into as many sub- 
divisions, for school purposes, as circumstances and the interest of 
schools therein may be thought to require, and from time to time 
change the same or create new ones. 

Seventh — To appoint three persons, whose duty it shall be to con- 
duct all examinations of pupils for admission to any department or 
grade of said schools, or for promotion therein, and to appoint other 
officers, committees or agents as they shall deem best or most con- 
ducive to the interest of said schools. 

Eighth — To have the power to suspend or expel pupils for dis- 
obedient, refractory or incorrigibly bad conduct, or for a failure to 
comply with the rules and regulations adopted by said board for the 
government of said schools. 

Ninth — To have and possess all the rights, powers and authority 
necessary for the proper management of schools and school funds and 
the carrying out of the true spirit and intent of this act and that may 
be necessary to establish and perfect a good and thorough system of 
puplic instruction in graded free schools in said district. 

§ 10. The said board, in addition to the powers now given by law 
to school directors and the powers herein granted, shall possess aU 
the powers and privileges of trustees of townships for school purposes, 
and shall be recognized and regarded by the county superintendent 
of schools, county clerk and all other officers of this State as possess- 
ing all the powers, privileges and rights of trustees of congressional 
townships of this State, and are hereby required to perform for said 
district all the duties of such trustees as well as those of directors, not 
inconsistent with this act. 

§ 11. It shall be the duty of the board of education, and they shall 
have full power, to determine the amount of money needed and to be 
levied and raised for school purposes for each year, over and above 
the amount derived from the school funds heretofore enumerated or 
from other sources, and to levy the same, annually, upon the taxable 
property of said district, and have it collected in the same manner as 
other taxes are collected; which levy or tax shall not in any one year 
exceed two per centum of the assessed valuation of all the property 
in said district subject to taxation therein. 

§ 12. Said board of education may, also, at any time when they 
may deem it necessary, borrow any sum or sums of money, for a time 
not exceeding one year and at a rate of interest not exceeding ten jper 
centum, per annum, to be expended for general school purposes, for 
purchasing schoolhouse sites and for repairing and improving school 
buildings: Provided, that the total amount so borrowed and unpaid 
at any one time shall not exceed one per centum of the assessed valua- 
tion of the taxable property of said district. 

§ 13. That when said board shall deem it necessary to purchase 



308 

or erect a schoolhouse or schoolhouses or other necessary buildings, 
for the use of said district, they shall call a meeting of the legal voters 
of said district, by giving at least ten lays' notice of the time and 
place and object of said meeting, by posting up or causing to be 
posted up at least three written or printed notices, in three 
of the most public places in said district; and the president of said 
board or in his absence one of the other members of said board shall 
act as chairman of said meeting, and after appointing some one of 
their number clerk, may determine, by a majority vote, upon the 
erection of a schoolhouse or schoolhouses or other buildings, and the 
amount of money to be raised for that purpose — said voting to be by 
ballot, and to be conducted in the same manner as other school 
elections are conducted; which moneys, so voted, shall be levied by 
said board in such amounts each year as the board shall deem best, 
and shall be collected in the same manner as other taxes for school 
purposes are collected: Provided, that such levy shall not exceed 
for any one year three per centum of the assessed value of the taxable 
property of said district ; and the said board of education, for the 
purpose of raising the money so voted, may issue bonds, which shall 
be executed by the president and clerk of said board, in sums of not 
less than one hundred dollars each, bearing interest not exceeding 
ten per centun, per annum, and running for such times as said board 
may deem necessary — such time to be stated in the bonds issued: 
Provided, further, that such time shall not exceed seven years. 

§ 14. All white persons over the age of six years and under the 
age of twenty-one years, residing in said district, shall be admitted 
into said schools free: Provided, said board may, at their option, 
have power to charge and collect a reasonable tuition fee from each 
pupil who pursues the study of any other language in said schools 
than the English language. And said board shall have power to ad- 
mit persons who do not reside in said district or who are over twenty- 
one years of age into such schools, upon such terms as the board 
may deem proper; but nothing herein contained shall be so con- 
strued as to prevent persons from being suspended, expelled or kept 
out of said schools altogether, for reasons hereinbefore mentioned. 

§ 15. It shall be the duty of the president and clerk of the said 
board to sign all documents and other papers of said board, and the 
same are hereby declared to be legal and binding, when so signed. 

§ 16. Each treasurer appointed by said board of education shall, 
before entering upon the duties of his office, execute a bond, with 
two or more freeholders, who shall not be members of the board, as 
securities, payable to the Board of Education of Tuscola Union 
School District, with a sufficient penalty to cover all liabilities which 
may be incurred, conditioned faithfully to perform all the duties of 
treasurer of said board according to law — said bond to be approved 
by a majority of the board, at a regular meeting, and to be delivered 
by a member for the board to the county superintendent of schools 
of Douglas county. The penalty of said treasurer's bond shall be 
twice the amount of all moneys, notes, bonds, mortgages and effects 
liable to pass through his hands as such treasurer or to be in his 



'609 

custody or control during any one year; and said bond shall be in 
the form prescribed for township treasurer's bond by the general 
school laws of this State. 

§ 17. It shall be the duty of the treasurer of said board to loan 
that part of the funds belonging to said district derived from the 
township funds, and denominated principal, in the manner and sub- 
ject to the conditions prescribed by the general school laws of this 
State for the government of township treasurers in the loaning of 
township funds; and no part of said principal shall ever be appor- 
tioned or paid out in any manner that shall cause a decrease or 
diminution of the amount of the same. Said treasurer shall be 
allowed to retain a commission of one per centum, and no more, on 
all funds paid out or loaned by him for the benefit of said district. 
He shall deliver to his successor in office all books, moneys, papers 
and other property appertaining to said office, when ordered so to do 
by the said board of education. 

§ 18. Neither the treasurer nor any member of the board shall 
receive any compensation for his attendance at the meetings of the 
same, nor for the performance of ordinary duties of members of said 
board ; but for extraordinary services a reasonable compensation may 
be allowed, the board to determine what are extraordinary services 
and what is a reasonable compensation therefor: Provided, that 
said board may allow the member of said board who shall act as clerk 
a reasonable compensation for keeping the records of said board — 
such compensation being not more than one dollar for each necessary 
meeting of said board. 

§ 19. The treasurer shall, as often as required by the board, make 
due and full report to them — which report shall be open to the in- 
spection of any citizen of said district — of the financial condition 
thereof, giving the amount of money on hand and from what 
sources derived, the amounts paid out since the last preceding report, 
to whom paid, for what purposes, and such other items as the said 
board or the general school laws of this State may require. 

§ 20. Said board of education shall keep a correct record of all 
their proceedings, to be kept in the custody of the clerk, and, for that 
purpose, may purchase and pay for the necessary books therefor. 
Said record shall be open to the inspection of any member of the 
board or other citizen, at any regular meeting of said board. 

§ 21. For any neglect or failure (except through sickness of him- 
self or family or unavoidable absence) by the treasurer or any member 
of the board to fulfill all the duties required of or imposed upon him 
by any of the provisions of this act, he shall be liable to a penalty of 
ten dollars for each default, to be recovered in an action of debt, at 
the suit of any citizen who may complain, one-half of said fine to go 
to the informer and the other half to be paid into the treasury of said 
district. 

§ 22. The present directors of the districts from which any terri- 
tory is taken for the formation of the'Tuscola Union School District 
shall continue to be directors of said districts from the taking effect 



310 

of this act until the proper organization of said board of education is 
effected thereunder; at which time the offices of said directors shall 
be vacated as to any part of said Tuscola Union School District. 

§ 23. This act shall be deemed a public act, and shall take effect 
and be in force from and after the first day of June, in the year of our 
Lord one thousand, eight hundred and sixty-nine. 

Appkoved March 24, 1859. 

Uppek Alton School Disteict. 
An Act to incorporate the Totmi of Upper Alton. 

Article VIII. 

Section 1. All the territory lying within the corporate limits of 
the town of Upper Alton, as defined in article one, section two of this 
act, with such other territory as may be hereafter incorporated with 
and come under the jurisdiction of said town, and within the bound- 
aries extended for school purposes only, as follows, viz: On the 
north, to the township line between townships five (5) and six (6) 
North, on the east, three-fourths (f ) of a mile — said eastern boundary 
being extended south till it strikes Wood river — and thence, along 
said Wood river, to where the quarter section line of sec- 
tions seventeen (17) and eighteen (18) strikes the said river, on the 
south, to the said quarter section line of sections seventeen (17) and 
eighteen (18), on the west, to Alton City and range line between 
range nine (9) and ten (10) west, is hereby enacted into a common 
school district, to be known as the Upper Alton School District. (As 
amended by an act approved March 29, 1869). 

§ 2. The town council of said town shall appoint a board of edu- 
cation, to consist of not more than five members nor less than three, 
for the term of three years each. Said board shall be divided, by lot, 
into classes, to serve one, two and three years. And all appointments, 
other than to fill vacancy, shall be annual, and shall be made on the 
first day of August, of each year, except when that day shall fall on 
Sunday ; in which case, on Monday following: Provided, that the 
present board shall hold their offices, as heretofore appointed by the 
town council, and for the terms determined, unless resigned or re- 
moved: Provided, also, that the town council may remove any 
member for gross neglect or dereliction or manifest disqualification 
for the office. All vacancies occurring, by resignation or removal, 
shall be filled for the unexpired term only of the member resigning 
or removed. Said board of education shall have exclusive jurisdiction 
and supervision of all public schools in said town, and shall have all 
the powers and discharge all the duties that are now incumbent upon 
school directors under the laws of the State of Illinois relating to 
common schools, and to cities and incorporated towns, under section 
seventy-nine of "An act to establish and maintain a system of free 
schools in the State of Illinois." as amended February 16, 1865. (As 
amended by an act approved March 28, 1869.). 



311 

§ 3. The board of education shall have power to sell and convey 
any and all property now held by the trustees and directors of 
schools within the town, for the purpose of purchasing the sites or 
erecting school houses, and, generally, to have and possess all the 
rights, powers and authority necessary for the proper management of 
the schools of said town and the school lands and funds belonging to 
said school district, are now enlarged with power to enact such rules 
and by-laws as may be necessary to carry into effect the power hereby 
granted: Provided, that in case of sale or lease for more than one 
year a concurrence of all the members of the board, if it shall consist 
of but three, and of four, if it shall consist of five, shall be necessary. 
(As amended by an act approved March 29, 1869.) 

§ 4. All the school taxes and all moneys for school purposes, from 
any and all sources whatever, and all special taxes voted for school 
purposes, shall be paid into the town treasury, and shall be kept a 
separate fund, for school purposes exclusively; and any special tax or 
moneys raised by tax or loan, for the purpose of purchasing site or 
building or purchasing school house, voted by the people of the dis- 
trict, shall be kept separate from moneys raised for general purposes, 
and shall be appropriated for no other purpose than that designated 
by the call for an election to vote such funds. (As amended by an 
act approved March 29, 1869.) 

§ 5. And he it further enacted: That the treasurer of the town 
of Upper Alton may and shall be the treasurer of the board of educa- 
tion. The treasurer shall give good and sufficient bonds to the board 
of education, for the faithful discharge of his trust. He shall report 
to the board, as often as required, and shall pay out moneys for school 
purposes only upon the written order of the board, signed by the 
president and secretary. And no order shall be drawn for any pur- 
pose, unless the same shall be acted upon and the amount voted at a 
regular or called meeting of the board of education. 

§ 6. Said board shall have full power, and it shall be their duty, 
to provide suitable school houses and grounds, by purchase or lease, 
and keep them in repair, alter or enlarge, as may be necessary for the 
proper accommodation of all the pupils of the district; to procure 
necessary furniture, fixtures, books, maps, globes, charts, apparatus, 
library or libraries, and all necessary appliances for the accommoda- 
tion, support and successful operation of a system of public graded 
schools, grade and classify the same, elect and employ competent and 
suitable teachers and other agents and assistants, and prescribe their 
duties, fix their salaries and compensation, and, generally and speci- 
fically, make and execute and enforce such rules, regulations and by- 
laws as they may deem necessary to establish and perpetuate a system 
of public graded school instruction, most complete, thorough and 
efficient: Provided, that they shall not purchase a site nor erect a 
new school house, except upon the vote of the qualified electors of the 
district, as now provided for in the common school laws of this State. 

§ 7. Said board shall have full power, and it shall be their duty, to 
establish a central high school and such other primary or intermediate 
departments, to be taught in one or more buildings, as they may deem 



312 

necessary and as circumstances or necessity may require. They shall 
prescribe what studies shall be pursued, the text books to be used, 
the grade or standard of scholarship for admission to the higher de- 
partments, and shall so grade and regulate the studies of the lower 
departments as to form a regular and uniform course of preparation 
for the higher. They shall also have full power to elect and employ 
a principal, define and prescribe his duties and relations to all the 
departments of public instruction, and such assistant or assistants as 
may be necessary; remove, suspend or dismiss any teacher, for in- 
competency or whenever, in their judgment, the interest of the schools 
shall demand it: Pi^ovided, that no teacher shall be removed without 
at least ten days notice and a written statement signed by the presi- 
dent and secretary of the board of the reasons for such removal, if 
the teacher should so desire. 

§ 8. Said board shall have full power to determine the length of 
time schools shall be taught during the year: Provided, that the 
school year shall not be more than forty-two weeks nor less than 
thirty-six weeks in any one year, and that schools shall not be required 
to be taught on the days now set apart and excepted by the common 
school laws of the State and common custom. Said board shall, also, 
have power to determine the number and lengths of the terms and 
vacations of the school year and rates of tuition for all pupils non- 
resident or above lawful age. 

§ 9. It shall be the duty of the board of education and they shall 
have full power to determine the amount of money needed for school 
purposes and to be raised by tax, over and above the amount of public 
moneys and incomes from all sources, except taxes, for one year from 
the first Monday of September of each, and report the same, by the di- 
rection of or with the approval of the town council, to the clerk of 
Madison county, within ten days ; and it shall then be spread upon 
the assessment roll of the tax-payers of the Upper Alton School JJis- 
trict as other taxes, and, when collected, shall be paid over to the 
treasurer of said town separately and apart from the taxes of the 
township, for school purposes, and at the same times in which the 
sheriff of said county is by law now required to pay over such funds. 

§ 10. All school lands, school funds and other real and personal 
estate, notes, bonds or obligations belonging to township five (5) 
North, range nine (9) West, of Madison county, Illinois, held or owned 
for school purposes, shall be divided as follows : Between the Upper Al- 
ton School District and the portion of the township without the same, 
in the proportion and manner following, viz: The trustees of schools 
of said township shall, within twenty days after the passage of this 
act, appoint two commissioners, who are freeholders, one a resident 
of said district and one a resident of the township without said Upper 
Alton District, who, after being sworn well and truly to discharge 
their duties, shall ascertain the whole number of white persons under 
twenty-one years of age residing in the Upper Alton School District 
and the whole number residing in the township without the same, and 
thereupon said trustees shall divide and apportion the said lands, 
funds, real or personal estate, notes, bonds or obligations of said 
township, between the Upper Alton School District and the township 



313 

without the same, according to the nnmber of said persons under 
twenty-one years of age residing in each portion. Said division and 
apportionment shall be made at the regular meeting of said trustees, 
in April, or at a meeting adjourned for the purpose of completing 
said apportionment. Said trustees shall have power to fill vacancies 
in said commissioners. 

§ 11. Said trustees or other person or persons having custody or 
control of such funds or lands, as enumerated or referred to above, 
shall pay over and deliver to the board of education of said school 
district the proportion thereof, as determined by said trustees, and 
execute and deliver to said board the necessary deeds and other con- 
veyances and transfers of all kinds, so that the entire portion belong- 
ing to Upper Alton School District shall be in custody and control of 
said board of education. Said board shall also have power to loan 
funds, upon such conditions and rates as the law in such cases pro- 
vides. 

§ 12. The board of education shall have power to elect a president 
and secretary, and prescribe their duties. They may, also, provide 
for the times and places of meeting, either upon adjournment, regular 
or called. A majority shall constitute a quorum for any business: 
Provided, that no sale of property or lease for more than one year 
shall be made only upon the conditions of this act, sec. 3. 

§ 18. If, at a meeting, of which due notice shall be given, the 
colored inhabitants of said Upper Alton District shall so petition, the 
board of education may take charge of their school or schools, appoint 
a teacher or teachers, and in all suitable ways exercise supervisions 
over them: Provided, that no additional taxes shall be levied on ac- 
count of such school or schools otherwise than provided for by law. 

§ 14. Any acts or parts of acts in conflict with the provisions of 
this act are hereby repealed. Nor shall any amendment of the char- 
ter of Upper Alton be construed to alter or amend this act, unless so 
stated, specifically, by reference to each and every section so amended. 

§ 15, The town council of Upper Alton shall have full power to 
pass any ordinance, not conflicting with the foregoing provisions, to 
carry into effect the system of graded schools herein recognized and 
established, fix penalties for violations of its provisions 'or for dam- 
ages and trespasses to or upon school property and grounds ; and, gen- 
erally, all duties not specifically granted herein in relation to schools 
shall devolve upon the town council or the board of education, by 
their ordinance. 

§ 16. This act shall be considered a public act, and shall take ef- 
fect upon and after its passage: Provided, the provisions of this act 
shall not be construed to limit or abridge the power of the board of 
education of the said town of Upper Alton for and during the present 
school year. 

Appeoved February 16, 1865. 



814 

WAESAW SCHOOL DISTEICT. 

An Act for the establishment of a system of graded schools in 
Wai^saw, Illinois. 

Section 1. Be it enacted hy the People of the State of Illinois, 
represented in the General Assembly: That all the territory within 
the limits of the township of Warsaw, Hancock county, Illinois, ac- 
cording to its present or future boundaries, is hereby erected into a 
common school district, to be known as the Warsaw School District. 

§ 2. The care and superintendence of the common schools within 
said district, together with the funds and estate, both real and 
personal, belonging to and which may be conveyed to said district, 
shall devolve upon a board of education for said district, and they 
shall have the exclusive management and control of said schools, and 
said real and personal funds and estate. 

§ 3. The said board of education shall consist of six members, 
who shall be legal voters of said district, and they shall be elected by 
the legal voters of said district, and hold their offices for three years 
from the day of their election and until their successors are elected, 
except that of the board iirst elected under this act, two shall retire 
from office at the end of the first year, two at the end of the second 
year, and two at the end of the third year; and the period of their 
said retirement shall be determined by lot among said members. 

ELECTION. 

An election shall be held annually at the public school building, on 
block 92, in the town of Warsaw, according to its recorded plat, on the 
last Saturday in the month of June of each year, at the first of which 
six members of said board shall be elected, and at each election there- 
after there shall be elected successors to those members whose terms 
are about to expire, and to fill the unexpired terms of those members 
whose places in said board have become vacant during the year pre- 
ceding by reason of death, resignation, or removal from said district, 
and said board of education shall have power^to fill all vacancies so 
occurring until the ensuing annual election. 

NOTICE, 

Notice of these annual elections shall be given by the clerk of said 
board, by posting up written notices of the time and place of said 
elections and the officers to be elected and the question to be deter- 
mined thereat, in three of the most public places of said district, at 
least ten days before such election is to take place; and the first elec- 
tion under this act is to take place in June next, and the notice there- 
for shall be given by the acting clerk of the present board of educa- 
tion for said district; and until said first election said present board 
of education shall hold their present offices, as shall also their present 
treasurer and clerk; and all their several acts shall be valid and bind- 
ing, according to their present rules. Said election shall be conducted 
in a manner provided for the election of school trustees by the act in 
force April 26. A. D., 1859, except that the president of said board 
shall be one of the judges of election, if present; and there shall be 
two clerks of said election, one of whom shall be the clerk of the board 
of education, if present; and two poll books of said election shall be 



315 

kept, one of which shall be filed by the clerk of said board, and the 
other of which shall be returned by said clerk of Hancock county and 
be by him filed in his ofiice. 

§ 4. Said board are hereby created a body corporate and politic, 
by the name of the " Board of Education of the Warsaw School Dis- 
trict," and by that name may sue and be sued, plead and be im- 
pleaded, answer and be answered unto, in all courts and places, and 
have perpetual succession and a common seal, and the same alter and 
change at pleasure; and they may exercise all the powers that school 
trustees of townships and boards of directors of school districts 
generally may do, by any law now in force or that may be hereafter 
passed; and they are hereby empowered to receive conveyances of 
real estate in their corporate name, and also to convey the same by 
said name, and all such conveyances shall be executed and ac- 
knowledged by the president of said board, and attested by its seal 
and the signature of the clerk: Provided, that all such conveyances 
shall be authorized by a resolution of said board: And, provided, 
further, that all sales and conveyances of school houses and groimds 
pertaining thereto shall be determined upon a majority of the legal 
voters of said district, upon the submission of the question of such 
sale to them, at an annual election by said board. 

§ 5. Said board shall hold stated and regular meetings once in 
each month, the time to be designated by the rules of said board; and 
said board may make, from time to time, all needful rules and regula- 
tions for their own government and the government of all officers and 
agents elected or appointed by the board, and for the custody, care 
and management of all the schools, school funds and school property 
belonging at any time to said Warsaw School District, and all such 
rules shall have the force and effect of ordinances passed by the coun- 
cil of a city, and shall be recorded by the clerk of said board, and a 
copy thereof, certified by said clerk, under the seal of said board, shall 
everywhere be received as evidence of the passage of said rules, which 
shall be in force from their passage. 

§ 6. Said board shall annually, at their stated meeting in July, 
elect one of their number president, who shall preside at the meetings 
of the board, if present, and perform such other duties as may be im- 
posed upon him by the rules of said board; and they shall also elect 
a treasurer and clerk, who shall not be members of said board; and 
said treasurer shall be treasurer of the school fund of said district; 
and they may also elect a superintendent of schools of said district, 
who may or may not be one of their own number, and appoint such 
agents and committees as the necessities of said district may seem to 
require, and adopt rules determining their duties and compensation; 
and all such officers so elected shall hold their offices for one year from 
said July meeting and until their successors are elected and qualified,, 
unless sooner removed by said board for adequate cause: Provided, 
that the members of said board shall in no case receive any compen- 
sation for their services as such, but shall render the said services for 
love of the cause, the honor of the position and the public good. 

§ 7. All actions and rights of action which have accrued or may 
hereafter accrue to any persons or corporations for the benefit of the 
Warsaw School District, are hereby vested in said board of education. 



316 

§ 8. Said board, of education, or a committee thereof, shall examine 
all applicants to teach in the public schools of said district in relation 
to their qualifications to teach, and if satisfied that said applicant is 
apt to teach, possesses good governmental qualities, is of good moral 
character, and properly qualified to teach such branches as is required 
of him or her, said board shall give such person a certificate of quali- 
fication, signed by the president, and may revoke the same for gross 
immorality, incompetency, or other adequate cause. Said board shall 
elect all instructors in the public schools of said district, and deter- 
mine the duties and compensation and time of service, and may 
remove the same at any time for adequate cause, to be determined by 
said board by a rule adopted for that purpose. 

§ 9. A majority of said board shall constitute a quorum for the 
transaction of all business. It shall be the duty of said board to 
cause an abstract of the whole number of white children under the 
age of 21 years, within said district, to be furnishd with such further 
information as is required in sections 36 and 79 of this act to establish 
and maintain a system of free schools, approved February 16, A, D. 
1857, to the school commissioner of Hancock county, within ten days 
after the same shall have been ascertained; and the school commis- 
sioner shall pay annually to the treasurer of said board, the amount 
said district is entitled to receive from any funds that are or may be 
in his hands, subject to distribution for the support and benefit of 
schools in said county, in accordance with the provisions of all laws 
that have been or may be passed, the same as if no special charter had 
been conferred upon said Warsaw School District. 

§ 10. Said board shall have full power to purchase or lease sites 
and necessary grounds for school houses; to erect, hire, purchase, 
finish and keep in repair sufficient buildings for school purposes; to 
furnish schools with necessary books, fixtures, furniture, apparatus 
and libraries; to establish and maintain a system of public graded 
schools of said district ; and to prescribe the studies to be taught, and 
the books to be used therein ; to pass by-laws and rules to carry these 
powers into complete execution ; to supply the insufficiency of school 
funds for payment of teachers, and other school purposes and ex- 
penses, by school taxes, to be levied and collected as hereinafter pro- 
vided. 

§ 11. It shall be the duty of said board, and the37 shall have full 
power to determine the amount of money needed to maintain the pub- 
lic schools of said district, free to all the children therein; and for 
paying all the expenses of the same, of every description, for each 
school year, over and above the amount of money from school funds 
and all other sources; and they shall designate the same school tax, 
and it shall, in like manner, be the duty of said board, and they shall 
have full power to determine the amount of money needed at any time 
for the purposes of purchasing, leasing, or improving grounds for 
school purposes, or for purchasing, leasing, building, finishing, repair- 
ing, improving or insuring school houses, or for procuring furniture, 
libraries or ajDparatus therefor; and they shall designate the same 
school house tax; and it shall be the further duty of said board, at 



317 

any meeting prior to the second Monday of September, annually, to 
ascertain the rate per cent, npon the assessment of property in said 
township, for State and township purposes for that year, needed to be 
levied to raise the amount of school tax determined upon, and what 
rate per cent, upon the same will need to be levied to raise the amount 
of school house tax determined upon, which rate or rates per cent., 
respectively, the president and clerk of said board shall certify, under 
the seal of said board, and make return thereof to the clerk of Han- 
cock county, on or before the second Monday of September, annually ; 
and it shall be the duty of said clerk to extend the said tax or taxes 
in one column under said name of school tax, according to said rate 
or rates upon the collectors books for that year for said township of 
Warsaw, or saia Warsaw School District; and the said taxes shall be 
collectable as other taxes are or may be; and the township collector 
shall pay over such school tax and school house tax to the treasurer of 
said board, at or before the time for him to return his books; and all 
delinquent taxes collected, or redemptions made from tax sales, shall, 
to the extent of said taxes and the redemption made thereon, be paid 
over to the officers receiving the same, to the treasurer of said board 
on demand. 

§ 12. The clerk of said board shall keep a record of all its pro- 
ceedings, and have custody of the seal and attest with his signature 
and the seal of the board, all official acts authorized by the board, and 
signed by the president, and perform such other duties as may be 
imposed upon him by the rules of said board. 

§ 13. The treasurer elected by said board shall, before entering 
upon his duties, execute a bond, with two or more freeholders, who 
shall not be members of the board, as securities, payable to the board 
of education for which he is elected treasurer, with a sufficient pen- 
alty to cover all liabilities which may be incurred, conditioned faith- 
fully to perform all the duties of treasurer of said board according to 
law, and the securities shall be approved by the majority of said 
board, and the bond shall be filed and kept by the clerk of said board; 
each treasurer so elected shall have custody of all bonds, notes, mort- 
gages, moneys and effects, denominated principal, as well as all school 
moneys and funds for distribution belonging to said Warsaw School 
District, and the said penalty of said treasurer's bonds shall be twice 
the amount of said bonds, mortgages, notes, moneys and effects, as 
near as can be ascertained, which bonds shall be in the following 
form : 

State of Illinois, ) 
Hancock County, f ^^ 

Know all men by these presents, that we, A, B, C, D, and E F, are held and 
firmly bound, jointly and severally, unto the board of education of the War- 
saw School District, in the penal sum of dollars, for the 

payment of which w^e bind ourselves, our heirs, executors and administrators, 
firmly by these presents. In witness whereof we hereunto set our hands and 

seals, this day of 19 the conditions of the above 

obligation is such that if the above bounden A B , 

treasurer of the board of education of the Warsaw School District, aforesaid, 
shall faithfully discharge all the duties of said office according to the laws 
that are now or may hereafter be in force, and the rules of said board, and 



Bis 

shall deliver to his successors in office all moneys, books, 'papers securities 
and property in his hands as such treasurer, then this obligation to be 
o d, otherwise to remain in full force and eilect. 

§ 14. Said board of education shall have power to prescribe the 
mode of keeping the treasurer's books, and make such rules reg- 
ulating the conduct of his office of treasurer as they may deem proper, 
not inconsistent with this act. 

§ 15. Said treasurer shall loan all moneys which may come into 
his hands by virtue of his office, except such as may be subject to 
distribution or applicable to some other special purpose upon the fol- 
lowing conditions: The rate of interest shall be ten per cent, per 
annum, payable every four months in advance, the time for which 
loans shall be made, shall not be less than six months nor more than 
five years. For all sums not exceeding one hundred dollars, loaned 
for not more than one year, two responsible sureties shall be given for 
all sums over one hundred dollars, and for all loans for more than 
one year security shall be given by mortgage or deed of trust on un- 
incumbered real estate, in value double the amount loaned; and in 
case improvements are included in said valuation, said improvements 
shall be insured to the amount of said loan, and the policy of insur- 
ance assigned to said board as collateral security, and all such mort- 
gages or deeds of trust shall be conditioned that in case additional 
security shall at any time be required by said board, the same shall 
be given to the satisfaction of said board. Notes, bonds, mortgages 
and other securities taken for money or other property due or to be- 
come due to said board, shall be payable to said board by their cor- 
porate name, and in such name every description of legal and equit- 
able proceedings may be had for the recovery of money for breach of 
contracts and for every legal and equitable liability which may at any 
time arise or exist, or upon which a right of action shall accrue to the 
use of this corporation. Provided, that notes, bonds, mortgages and 
other securities which are payable to the City of Warsaw for the use 
of the Warsaw School District, shall be valid to all intents and pur- 
poses, and suit may be brought on the same in the name of the said 
board of education: And, provided, further, that if at any time any 
portion of the principal of said school fund shall remain in the hands 
of said treasurer, for the space of three months unloaned by reason of 
inability on the part of said treasurer to safely loan the same at ten 
per cent, then said board may, by unanimous resolution, authorize 
said treasurer to loan said portion of said principal for six months only 
at a time, for such less rate of interest than ten per cent as said 
board may unanimously agree upon; or said board may order said 
portion of said principal to be invested in interest bearing securities 
of the United States, until such time as the same can be loaned for 
ten per cent. The wife of the mortgagor, (if he has one), shall join 
in the mortgage or deed of trust given to secure the payment of the 
money loaned by virtue of the provisions of this act, and if given up- 
on a homestead, said homestead right shall be released and waived in 
favor of said board of education. 

§ Ifi. Mortgages or deeds of trust to secure the payment of money 
loaned under the provisions of this act, may be in the form prescribed 



319 

by the fifty-eighth section of "An act to establish and maintain a 
system of free schools," approved February 16, A. D. 1857, and shall 
be recorded and acknowledged as is required by law for other con- 
veyances of real estate, and the mortgagor shall pay the expenses of 
acknowledging and recording, and fifty cents as a fee to the treasurer 
of said board; but mortgages in any other form to secure payment as 
aforesaid shall be valid, as if no form had been prescribed; and upon 
breach of any condition or stipulation contained in any of said 
mortgages or deeds of trust, an action may be maintained and 
damages recovered as upon other covenants, and the same may be 
foreclosed in equity. 

§ 17. Whenever the said board shall require additional security to 
be given for the payment of money loaned, and such security shall not 
be given, the clerk of said board shall notify said treasurer of said 
requirement, and said treasurer shall cause suit to be instituted for 
the recovery of the same, and all interest thereon to the date of 
judgment. In the payment of debts by the executors and adminis- 
trators debts due or to become due to said board, shall have prefer- 
ence over all other debts, except funeral and all other expenses at- 
tending the ^ast illness, not including physician's bill; and it shall 
be the duty of the said treasurer to attend at the probate office upon 
the proper day and have such debts probated and classed to be so 
paid. 

§ 18. If default be made in payment of interest upon or principal 
of money so loaned by said treasurer, interest at the rate of twelve 
per cent., per annum, shall be charged upon said principal and in- 
terest from the day of default, and included in judgment given or 
decree rendered in any suit brought to recover principal and interest 
or interest only; and said treasurer is hereby empowered to bring all 
needful actions in the corporate name of said board for the recovery 
of the interest payable once in four months in advance, and all other 
interest, without suing for principal in whatever way secured; and 
justices of the peace shall have jurisdiction in all such cases of all 
sums of one hundred dollars and under; and all judgments given or 
decrees rendered for school funds so loaned by said treasurer, shall 
bear interest at the rate of six per cent., per annum, from date of 
such judgment or decree. 

§ 19. At the stated meetings of said board in April and October 
of every year, the treasurer shall lay before the board of education a 
statement, showing the amount of interest, rents, issues, profits or 
losses, and proceeds of special taxes that may have accrued or become 
due, and the amount of same that has actually come into his hands 
since the last half yearly meeting on all the property of said Warsaw 
School District; he shall also lay before said board all books, notes, 
bonds, mortgages; and all other evidence of indebtedness belonging 
to said school fund for examination by said board at said half-yearly 
meetings, and make such other statements and exhibits from time to 
time as said board may require touching the duties of his office and 
loans and securities. 



320 

§ 20. It shall be the duty of said treasurer to use diligence in 
keeping said school fund loaned at interest, and in case of failure or 
refusal to perform all the duties of treasurer required by law, he shall 
be liable to said board, on his bond, to be recovered by said board in 
an action of debt in their corporate name for the use of said school 
fund, before any court having jurisdiction of the amount of damages 
claimed: Provided, that if said treasurer in any such failure or 
refusal, acted under and in conformity mth a requisition, rule, or 
order of said board, entered upon their records, then the members of 
said board voting for said order, rule or requisition, and not the 
treasurer, shall be liable jointly and severally to the inhabitants of 
said Warsaw School District, to be recovered by action of assumpsit 
in the official name of said board. 

§ 21. When a treasurer shall resign, remove from said district, or 
be removed from said office, and at the expiration of his term of 
office, he shall pay over to his successor in office all moneys on hand 
and deliver over all books, notes, bonds, mortgages and other securi- 
ties for money, and all papers and documents of every description in 
which said board may have any interest whatever, within his care, 
custody or control; and in case of death of said treasurer, his securi- 
ties and legal representatives shall be bound to comply with the pro- 
visions of this section, and for non-compliance he and they shall be 
liable to a penalty of not less than one hundred dollars, at the dis- 
cretion of the court, before which judgment may be obtained; and 
the obtaining and payment of said judgment shall in no wise dis- 
charge or diminish the obligation of his official bond. 

§ 22. No part of the principal of the said school fund shall ever 
be distributed or expended for any purpose whatever, but shall be 
loaned out and held to use, rent or profit, as provided by law; and if 
in any year there shall be any interest or other funds on hands which 
shall not be required for distribution, such amount may, by a vote of 
said board, be declared principal, and forever after loaned as afore- 
said, or the same may by like vote of said board be expended for 
apparatus or libraries. 

§ 23. School funds collected from taxes levied as hereinbefore 
provided, or from sale of property belonging to said district, other 
than property bought or taken in payment or satisfaction of loans of 
principal of school fund, and all moneys and school funds liable to 
distribution, or collected for special purposes, not being principal, 
paid in to said treasurer or coming into his hands, shall be paid out 
only on the order of the board, signed by the president and attested 
by the signature of the clerk of said board; and for all payments 
made, receipts shall be taken and filed by said clerk, and said orders 
and receipts shall show the purposes for which and on what account 
said orders were drawn ; and the treasurer, upon payment of all orders, 
shall take them up, cancel them and file them in his office. 

§ 24. All acts and parts of acts relating to said Warsaw School 
District inconsistent with this act are hereby repealed. 



321 

§ 25. This act shall be deemed a public act and may be read in 
evidence without proof, and judicial notice shall be taken thereof in 
all courts and places. 

Appeoved Feb. 16, 1865. 

WAUKEGAN SCHOOL DISTKICT. 

An Act to incorporate the city of WauJcegan. 

Section 29. All territory now or hereafter within said city shall 
be one school district, to be denominated "The Waukegan City 
School District," which shall be a school organization separate from 
the township, and shall receive directly its lawful share of all funds 
hereafter distributed by the school commissioner of Lake county, 
as townships may, to be by him paid to the city treasurer. 

§ 30. The township funds arising from the sales of school lands 
in said township forty-five North, range twelve East, and the avails 
thereof, and all other funds belonging to said township, for school 
purposes, shall be divided between the city of Waukegan and the dis- 
tricts of said township not included in the city school district limits, 
as follows: The trustees of schools of said township and the city 
council shall, as soon after the organization of the city government 
as may be, each appoint one commissioner, who, after being sworn 
honestly to discharge their duties, shall ascertain the whole number 
of white persons under the age of twenty-one years in said Waukegan 
city school district and in said township, not within said city school 
district, on the first day of April next, and they shall thereupon divide 
and apportion said funds between said city school district and said 
township not included in said city district, according to the num- 
ber of white persons under the age aforesaid residing in each, 
and shall make report of such division and apportionment to the 
school commissioners of Lake county, the city council, and to 
the treasurer of said township. If any of said funds shall be out- 
standing, on loan or otherwise, said commissioners shall apportion 
and divide the bonds, mortgages, judgments, decrees, notes and evi- 
dences of debt belonging thereto, on the basis aforesaid; and it shall 
be the duty of the township treasurer of said township to imme- 
diately pay all moneys, and assign, by endorsement thereon, all such 
bonds, mortgages, judgments, decrees, notes and evidences of debt as 
may be so apportioned to said city district to "The city of Wauke- 
gan," and deliver the same to the city treasurer and take his receipt 
therefor; to enable said commissioners to make said apportionment and 
division, it shall be the duty of the township treasurer, on request, to 
deliver to them a detailed statement of said township funds and the 
condition thereof, to whom loaned, amount of such loan, and when 
due, and the nature of the security thereof, and amount of cash on 
hand. 



-21 S L 



§ 31. All real estate, appurtenances, fixtures, moneys, personal 
property, taxes levied, assessments and effects belonging to school dis- 
tricts number 2 and 3, township number forty-five North, range 
twelve East of the third principal meridian, or held in trust for either 
of them or their benefit, shall, upon the organization of said city gov- 
ernment, be and the same are by this act vested in "The City of 
Waukegan;" and all suits or proceedings in law or in equity in rela- 
tion thereto, or to collect or secure or recover any moneys, bonds, 
notes, mortgages, claims, demands or things by this act vested in said 
city, or required to be paid or assigned to it, may be begun and prose- 
cuted by said city in its corporate name, 

§ 32. It shall be lawful for said city to grant, bargain, sell, convey, 
lease or dispose of any property, real or personal, which is by the 30th 
and 31st sections of this act vested in or required to be assigned or 
transferred to said city; but all lands, leases, buildings, fixtures and 
personal property aforesaid, or the proceeds thereof, when sold, shall 
be devoted and applied to the purposes of education, and shall never 
be diverted to any other purpose. 

§ 33. The city clerk shall make to the school commissioner all re- 
ports and statements which are or may be required by law of officers 
of townships in relation to schools, and at such times as may be re- 
quired by law. 

§ 34. The care and superintendence of the common schools within 
the city of Waukegan, together with the funds and estate, both real 
and personal, belonging to, and which may be conveyed to said Wau- 
kegan school district, shall devolve upon the city council of the city 
of Waukegan; but they shall have power to appoint in each year a 
general superintendent of public schools for said city of Waukegan, 
whose term of office shall be for one year, and until his sucessor shall 
be duly elected and qualified; and his duties and the amount of his 
salary shall be defined by the city council of the city of Waukegan: 
Provided, however, that said salary shall at no time exceed one hun- 
dred dollars per annum or be paid out of said school fund belonging 
to said Waukegan school district ; and said city council shall have the 
power to make all laws and ordinances necessary for the management 
of said common schools, not inconsistent with the Constitution of this 
State. 

§ 35. For the purpose of supporting a system of free schools, the 
city council shall have power to levy such tax on the real estate and 
personal property in said city school district as they may deem neces- 
sary for that purpose, not exceeding forty cents on each one hundred 
dollars valuation; and for the purpose of erecting the necessary houses 
for school purposes, they may in like manner levy a special tax, such 
as they may deem necessary for that purpose, first submitting the 
question to a vote of the people and receiving their assent thereto. 

§ 36. Nothing shall be done to impair the xmncipal of the town- 
ship fund, or to appropriate the interest accruing from the same to 
any other purpose than the payment of teachers in the public schools 
of the district, and should there be any surplus of interest it shall be 
carried to and form a part of the school fund. 



323 

§ 37. The city council shall have power— 

First — To erect, hire or purchase buildings suitable for school 
houses and keep the same in repair. 

Second — To buy or lease sites for school houses with the necessary 
grounds. 

Third — To furnish schools with the necessary fixtures, furniture 
and apparatus. 

Fourth — To maintain, support and establish schools and supply 
the inadequacy of the school fund for the payment of teachers from 
school taxes and out of the general fund . 

Fifth — To fix the amount of compensation to be allowed to teachers. 

Sixth — To prescribe the school books to be used in the studies to 
be taught in the different schools. 

Seventh— And generally to have and possess all the rights, powers 
and authority necessary for the proper management of schools and 
the school lands and funds belonging to the said school district, with 
power to enact such ordinances as may be necessary to carry their 
powers and duties into effect. 

§ 38. The school fund shall be kept loaned at interest by the 
treasurer, and it it shall be lawful to loan the same at fifteen per cent 
per annum, payable semi-annually in advance. No loan shall be 
made for a longer period than five years, and all loans shall be se- 
cured by unincumbered real estate, of three times the value, at least, 
of the sum loaned, exclusive of the value of the perishable improve- 
ments thereon: Provided, the city council shall have the power to 
reduce the rate of interest by a vote of two-thirds of all the aldermen 
elected, and fix treasurer's fees for making loans, to be paid by bor- 
rower. 

§ 39. All notes and securities shall be taken to the city of Wauke- 
gan, for the use of the inhabitants of said city, for school purposes; 
and in that name all suits, actions and every description of legal pro- 
ceedings may be had. 

§ 40. All expenses of preparing and recording securities shall be 
paid exclusively by the borrower. 

Approved January 23, 1859. 



WILMINGTON SCHOOL DISTRICT. 

An Act to amend an Act entitled ''An Act to amend the chai'ter of 
the City of Wilmington, County of Will, and State of Illinois. 

Section 1, Be it enacted hy the People of the State of Illinois, 
represented in the General Assembly : That all buildings, lots and 
property belonging to school district number one (1), in town thirty- 
three (33), range nine (9), East, in Will County, Illinois, are hereby 
vested in the City of Wilmington, Will County, Illinois, for school 
purposes. 

§ 2. The common council of said city shall have power— 

First — To build, erect, repair, purchase, hire or lease buildings for 
school houses and other school purposes. 



324 

Second — To buy, condemn, appropriate and lease sites and lots for 
school houses, and the necessary grounds. 

Third — To furnish schools and school houses with the necessary 
library, furniture, apparatus, fixtures, appurtenances and conven- 
iences. 

Fourth — To establish and maintain schools; to levy and collect 
taxes for the payment of teachers, and all other expenses necessary 
for the proper support of such schools. 

Fifth — To fix the amount of compensation to be allowed to teachers. 

Sixth — To prescribe the school books to be used, and the studies to 
be taught in the difPerent schools. 

Seventh — To prescribe the duties of the board of school inspectors. 

Eighth — And, generally, to have and possess all the rights, powers 
and authority necessary for the proper regulation and management of 
schools in said city, and to enact and enforce such ordinances, by- 
laws and regulations as may be necessary to carry these powers and 
duties into effect. 

§ 3. There shall be elected, at the first annual charter election for 
city officers held in the city of Wilmington, after the passage of this 
act, three school inspectors, to hold their offices one for one year, one 
for two years and one for three years — to be determined by lot — so 
that one inspector shall be elected each year, at the regular charter 
election of the city, thereafter, to hold his office for three years. 

§ 4. It shall be the duty of the board of school inspectors, on or 
before the last Tuesday in each school year, to publish in the corpor- 
ation newspaper a full report of the aumber of pupils instructed in 
the year preceding, the several branches of education taught, the 
amount paid to each teacher, the incidental expenses of each school,, 
and the receipts and expenditures of the respective schools — specify- 
ing the sources of such receipts and the objects of such expenditures. 

§ 5. That all territory, outside of the city limits of said city, con- 
tained in school district number one, to-wit: Section thirteen (13), 
east half of section fourteen (east ^ sec. 14), section twenty-four (24), 
section twenty-three (23), west half of section twenty-six (w. | sec. 
26), west half of section thirty-five (w. | sec. 35), all that portion of 
section twenty-two (22), lying east of the Kankakee river, of township 
thirty-three (33), range nine (9), and the southwest quarter of the 
southwest quarter of section thirty (s. w. ^ of s. w. ^ sec. 30), in town- 
ship thirty-three (33), range number ten (10), be added to the terri- 
tory within the limits of said city for school purposes and no other; 
and the said city is hereby fully authorized and empowered to levy 
and collect taxes on all the property, of all kinds, in said territory 
hereby annexed, the same as in other parts of said city, for erecting, 
building, leasing and repairing school houses, and furnishing the 
same, purchasing libraries and necessary apparatus therefor, the sup- 
port and maintenance of schools, and for all other school purposes, and 
no other purposes: Provided, that no tax for school purposes shall 
be levied and collected on or from any property, real or personal, con- 
tained in the territory above described as lying outside of the city 
limits, without the consent of the school inspectors. All moneys col- 
lected for school purposes shall be kept as a separate fund, and ex- 



325 

pended for school purposes only; and the city is further authorized 
and empowered to have and to exercise all necessary jurisdiction over 
said territory, and the property and the rights of property therein, to 
fully carry out and into effect the provisions of this section; and the 
legal voters of said territory hereby attached are hereby authorized to 
vote for school inspectors of said city, at any place in said city where 
such election may be held, and are hereby declared eligible to the 
office of school inspector. A separate ballot-box shall be provided, in 
which the inspectors of election shall receive all votes cast for school 
inspectors, the names of which shall be on a separate ticket. 

§ 6. The common council shall have power to demand and receive, 
from the trustees of schools in township thirty-three North, range 
nine, in the county of Will, and from the treasurer of the school fund 
of said township, semi-annually, such portion of the interest of said 
school fund and such other funds as the school district of said city or 
the schools therein are now or hereafter may De, by law, entitled to 
receive. 

§ 7. The common council shall possess the same powers and be 
subject to the same obligations and liabilities of the directors of 
school district number one, in township thirty-three (33) North, range 
nine, in the County of Will, and State of Illinois; and the office of 
school directors in said district is hereby vacated. 

§ 8. This act is hereby declared to be a public act, and shall be in 
force from and after the date of its approval. (As amended by an 
;:act approved April 15, 1869). 

Appeoted April 9, 1869. 



326 



SUPPLEMENTAL ACTS. 



BOAED OF EDUCATION APPOINTED. 

An Act to provide for the appointment of School Directors and 
members of the Board of Education, in certain cases. 

Section 1. Be it enacted hy the People of the State of Illinois 
represented in the General Assembly: That in all cases whereby 
the provisions of any general or special law of this State heretofore 
passed, the members of any common council of any city have been 
made ex officio school directors, or members of the board of educa- 
tion in and for the school district of which the said city shall consti- 
tute the whole or a part, the said school directors or members of the 
board of education shall hereafter be appointed as hereinafter pro- 
vided. 

1. The only chang'e made by the statute of 1879, is the substitution of a 
board of education appointed by the mayor in place of the members of the 
common council. None of the other powers, duties or authority, are changed, 
and the members of the board of education, as appointed and confirmed, have 
all the powers originally vested in the members of the council. The school 
district is therefore operated, not under the general school law of the State, 
but under a special act of the Legislature. Schmohl v. Williams, 215-63, 

2. In every school district in this State, existing by virtue of any special 
charter, where, by the provisions of such special charter, the members of the 
common council are also ex officio school directors or members of the board of 
education in and for the school district, of which, such city may form the 
whole or a part, the board of directors or board of education should include, 
under the act approved May 29, 1879, and the amendments thereto, two mem- 
bers from each ward of such city, and one member from the city at large, 
who should be the president of the board of directors or board of education, 
but should have no vote except in case of a tie. Attorney OeneraVs Opinion, 
August 9, 1904. 

3. The application of this act relates also to a school district created by 
special charter, where, by the provisions of such special charter, the common 
council is given the management and control of the schools in such district, 
w^ith power to appoint a board of inspectors or board of education, and pre- 
scribe its powers and duties by ordinance; since, in such cases, the common 
council could, by reducing the powers and duties of the board of inspectors 
or board of education to a minimum, itself manage and control the schools of 
the district, which would be contrary to the plain intention of the statute, 
the purpose of which is, to withdraw the management and control of the 
public schools in such districts, from the common council in all cases. Ibid. 



327 

§ 2. It shall be the duty of the mayor of said city, at the first reg- 
ular meeting of the city council after each annual municipal election, 
and after his installation into office, to nominate and place before the 
council, for confirmation as school director or menibers of the board 
of education, as the case may be, one person from each ward of said 
city to serve for two years, and one person from the city at large to 
serve for one year, and if the persons so appointed shall be so confirmed 
by a majority vote of the city council, to be entered of record, the 
persons so appointed, together with such persons theretofore ap- 
pointed under the provisions of this act, to which this is an amend- 
ment, whose terms of service will not expire within one year, shall 
constitute the board of education or school directors for such district: 
Provided, That the person appointed from the city at large for one 
year shall be president of said board of education or school directors, 
but shall have no vote in such board excepting incase of a tie: A^id, 
provided, further, that the term of office of all persons heretofore ap- 
pointed under the provisions of the act to which this is an amend- 
ment, whose terms of office expires within one year, shall terminate 
at the first regular meeting of the city council after the annual meet- 
ing, and upon the appointment and confirmation of their successors. 
(As amended by act approved and in force May 28, 3889.) 

§ 3. The said persons shall, as soon as practicable after their ap- 
pointment, organize by electing one of their number secretary, who 
shall hold his office for one year. All rights, powers and duties here- 
tofore exercised by and devolved upon the members of the city coun- 
cil, as ex officio members of the board of education, or school direct- 
ors, shall devolve upon and be exercised by the members of the 
board of education and school directors appointed under the provis- 
ions of this act. (xls amended by act approved and in force May 28, 
1889.) 

§ 4. In all school districts to which this act shall apply the boards 
of education or school directors shall annually, before the first day of 
August, certify to the city council, under the hands and seals of the 
president and secretary of the board, the amount of money required 
to be raised by taxation for school purposes in said district for the 
ensuing year, and the said city council shall thereupon cause the 
said amount to be levied and collected in the same manner now pro- 
vided by law for the levy and collection of taxes for school purposes 
in such district, but the amount to be so levied and collected shall 
not exceed the amount now allowed to be collected for school pur- 
poses by the general school laws of this State; and when such taxes 
have been collected and paid over to the treasurer of such city or 
school district, as may be provided by the terms of the act under 
which such district has been organized, such funds shall be paid out 
only on the order of the board of education or school directors,, 
signed by the president and secretary of such board. 

Appeoved May 29, 1879. 

]. The collection of a school tax will not be enjoined because the certifi- 
cate of levy was not sig-ned by the president and secretary of the board of 
education and was not under seal, since the defect may be remedied upon 
application for judgement of sale. Schmohl v. Williams, 215-63. 



328 

2. The collection of a school tax will not be enjoined upon the ground 
that the de facto school directors were not directors de jure, since the proper 
remedy to determine that question is by a quo warranto proceeding-. IMd. 

3. in every school district of this class, the board of directors or board of 
education, as the case may be, should certify to the common council, annual- 
ly, under the hands and seals of its president and secretary, the amount of 
money required to be raised by taxation for educational or building purposes 
in such district for the ensuing- year. The common council should thereupon, 
cause the said amount to be levied and collected in the manner provided by 
law for the levy and collection of taxes for school purposes in such district; 
that is to say, the common council has no power in such cases, to modify or 
reduce in any way, the amount properly certified by the president and secre- 
tary of the board of directors or board of education. Attorney OeneraVs 
opinion, Aiigust 9, 1904. 

4. This subsequent act provides, that the powers and duties of the mem- 
bers of the city council, as ex officio members of the board of education, or 
school directors, shall devolve on a board to be appointed by the mayor and 
city council, and that the board shall certify to the council the amount 
required to be raised by taxation for school purposes for the ensuing year, 
which amount the council shall cause to be levied and collected in the same 
manner provided by law for the collection of taxes for school purposes in 
such districts. It is further provided, that such amount shall not exceed the 
amount allowed to be levied and collected for school purposes by the general 
school law. Cleveland, Ci'ncin7iati, Chicago & St. Louis Railway Company v. 
Handle, 183-364. 

5. This act does not violate that clause of section 33, article 4 of the Consti- 
tution, which prohibits the General Assembly from passing any local or 
special law incorporating cities, towns or villages, or changing or amending 

the charter of any city, town or village. This act applies to all cities in the 
State having such school ]aws and prescribes for them the same methods of 
constituting the board of education, and of the same limit of taxation as is 
prescribed for other cities which levy school taxes under the general law. 
This act tends to uniformity rather than to perpetuate differences. An act 
which should repeal all such special laws would not be a local or special law 
and obnoxious to this provision of the Constitution, and so, one repealing all 
special limitations, leaving all other provisions of such special acts in force, 
is, upon the same principle, not prohibited. Statutes have been passed 
changing limitations upon the rate of taxation for other purposes as fixed in 
special charters of cities so incorporated, so as to produce greater uniformity, 
but their constitutionality has not been seriously questioned. Ibid. 



BOARD OF EDUCATION ELECTED. 

An Act to give cities, incorporated towns, townships and districts, in 
which free schools are noiv managed under special acts, authority 
to elect hoards of education having the same powers as boards of 
education now elected under the general free school laws of this 
State. 

Section 1. Be it enacted by the People of the State of Illinois, 
represented in the General Assembly : That any city, incorporated 
town, township or district having a population of not less than 1,000 
and not over 20,000 inhabitants, in which free schools are now man- 
aged under any special act, may, by vote of its electors, determine to 
elect, instead of the directors or other governing or managing board, 
now provided for by such special act, a board of education which 



329 

shall be elected at the time and in the manner and have the powers 
now conferred by law upon boards of education of districts not gov- 
erned by any special act. 

§ 2. Upon petition of fifty voters of such city, town, township or 
district, presented to the board having the control and management 
of schools in such city, town, township or district, it shall be the duty 
of such board, at the next ensuing election to be held in such city, 
town, township or district, to cause to be submitted to the voters 
thereof, giving not less than fifteen days' notice thereof, by posting 
not less than five notices in the most public places in such city, town, 
township or district, the question of " electing a board of education 
having the powers conferred upon such boards in districts organized 
under the free school laws," which notice may be in the following 
form, to-wit: 

Public notice is hereby g-iven, that on the day of A. D. 

an election will be held at between the hours of 

m. and m. of said day, for the purpose of deciding the question 

of ' ' electing- a board of education having- the powers conferred upon such 
boards in districts org'anized under the free school law^." 

If it shall appear, upon a canvass of the returns of such election, 
that a majority of the votes cast at such election are "for electing a 
board of education having the powers conferred upon such boards in 
districts organized under the free school law," then at the time of 
the next regular election for boards of education under the free 
school law, there shall be elected a board of education for such dis- 
trict; and should there not be sufficient time to give the notice re- 
quired by law for such election, then such election may be held on 
any Saturday thereafter, but all subsequent elections shall be held 
at the time provided by the free school law. 

1. A board of education elected under the act to allow municipalities man- 
aging- free schools under special charters to elect boards of education having 
the powers provided for such boards under the general law^, has no power to 
appoint a treasurer of the school fund, and the custody of such funds belongs 
to the township treasurer. People v. Board of Education, 166-388. 

2. It is a w^ell settled principle of statutory construction, that where two 
statutes are clearly repugnant to each other, the one last enacted operates as a 
repeal of the former; and a subsequent statute, which revises the whole sub- 
ject of a former one, and is intended as a substitute for it, operates as a repeal 
of the former, although there are no express w^ords of repeal. Ibid. 

§ 8. All acts and parts of acts in conflict with this act are hereby 
repealed. 

§ 4. Whereas, An emergency exists requiring this act to take 
immediate effect, therefore be it enactec? that this act shall be in 
force from and after its passage. 

Approved June 2, 1891. 



330 

BOAED OP EDUCATION IN CERTAIN CASES. 

An Act to provide for the election of hoards of education in school 
districts organized under special acts of the Legislature of this 
State, where such school districts are maintained U7ider the gen- 
eral school laws of this State, and where there is no provision 
in such special acts for the election of boards of education. 

Section 1. Be it enacted hy the People of the State of Illinois^, 
represented in the General Assembly: That hereafter, in all schoo 
districts in this State organized under any special law of this State, 
and maintaining public schools under any general sciiool laws of this 
State, where there is no provision in said special acts creating such 
special school districts, for the election of boards of education as 
otherwise provided, there shall be elected in each of said special 
school districts, in lieu of the school directors as now provided, a 
board of education, to consist of seven members to be elected at the 
time and in the manner as now provided by the general law for the 
election and qualification of boards of education in other cases: 
Provided, that at the j&rst election of such board, which shall be held 
on the third Saturday in April, A. D. 1898, two of such members 
shall be elected to serve one year, two to serve two years, and two to 
serve three years, and a president of such board shall be elected, 
whose term of office shall be one year; and annually thereafter there 
shall be elected in said school district two members of such board, 
whose term of office shall be three years, and there shall also be 
elected annually thereafter a president of said board. Said board 
of education, when so elected and qualified, shall have all the powers 
of trustees of schools in school townships as is now provided by 
general law. Said board of education, in addition to the powers of 
trustees aforesaid, shall also have all the powers of school directors 
as is now provided for by the general school law of this State; and in 
addition thereto and inclusive thereof, they shall have all the powers 
and perform all the duties of boards of education in school districts 
having a population of not less than 1,000 and not over 100,000 in- 
habitants under the general school law as the same now exists and 
as set forth in article 6 of the school law, or shall be conferred by 
any future alterations thereof by the Legislature. (As amended by 
an act approved May 10, 1901). 

1. The special act of 1897, as amended in 1901, is not applicable to the 
Galena School District or other districts of its class, but a board of education 
appointed by the mayor and confirmed by the council is the proper board of 
education to have charge of such districts. Schmohl v. Williams, 215-63. 

§ 2. Whereas, an emergency exists, therefore this act shall take 
effect from and after its passage. 
Appeoved June 10, 1897. 



H31 

BOAKD OF EDUCATION IN CEETAIN DISTEICTS, 

An Act to provide for the election of boards of education in certain 
districts. 

Section 1. Be it enacted by the People of the State of Illinois, 
represented in the General Assembly: That in all school districts 
in this State, having a population of over 35,000 by the last federal 
census, existing by virtue of any special charter, where the board of 
directors or board of education is elected or appointed by the com- 
mon council of the city, of which school district such city may form 
the whole or a part, and where there are no provisions in the special 
charter creating such school district, for the election of a board of 
directors or board of education, there shall be elected hereafter in 
each of said school districts, in lieu of the present governing body, 
a board of education, to consist of seven members, to be elected at 
the same time and in the same manner, as provided by the general 
school law for the election of boards of education in school districts 
having a population of not less than 1,000 and not more than 100,000 
inhabitants. Such board of education, when elected and qualified, 
shall have all the powers of trustees of schools in school townships. 
It shall also have all the powers of boards of directors, and in addition 
thereto, all the powers of boards of education elected by virtue of the 
general school law of this State. 

Approved May 15, 1908. 



bonds. 



An Act to authorize certain school districts to issue hands for 

certain purposes. 

Section 1. Be it enacted by the People of the State of Illinois, 
represented in the General Assembly: That for the purpose of build- 
ing or repairing school houses, or purchasing or improving school 
sites, any school district in this State, existing by virtue of any 
special charter, and governed by such special charter, and special or 
general school laws, whose boundaries are co-extensive with or greater 
than the boundaries of any incorporated city, town or village, where 
authorized by a majority of all the votes cast at an election called for 
that purpose, may borrow money, and as evidence of such indebted- 
ness, may issue bonds in denominations of not less than one hundred 
(100) dollars, nor more than one thousand (1,000) dollars, for a term 
not to exceed twenty (20) years, bearing interest at a rate not to ex- 
ceed five {^) per centum, per annum _, payable annually, semi-annually 
or quarterly, and signed by the president and secretary of the school 
board of such school district: Provided, that the amount borrowed 
in any one year shall not exceed, including existing indebtedness, 
five (5) per centum, of the taxable property of such school district, to 
be ascertained by the last assessment for State and county taxes pre- 



332 

vious to incurring such indebtedness. (As amended by an act ap- 
proved March 30, 1905). 

§ 2. All bonds authorized by virtue of this act, before being is- 
sued, negotiated and sold, shall be registered, numbered and counter- 
signed by the treasurer of such school district. Such register [regis- 
tration] shall be made in a book provided for this purpose and in this 
register shall be entered the record of the election authorizing such 
school district to issue bonds, and a description of the bonds issued, 
including the number, date, amount, rate of interest and when 
payable. 

§ 3. All moneys, borrowed by virtue of this act, shall be paid into 
the treasury of such school district, and upon receiving such moneys, 
the treasurer shall deliver the bond or bonds issued therefor, to the 
person or persons entitled to receive the same, and shall credit the 
amount received to such school district. The treasurer shall record 
the exact amount received for each bond issued, and when any bond 
is paid the treasurer shall cancel the same, and enter in the register 
opposite the record of such bond, the words " paid and cancelled this 

day of 19 ... ," filling the blanks with the date, 

month and year corresponding with the date of such payment. 

§ 4. Whenever it is desired to hold an election for the purpose of 
borrowing money, as provided by this act, the school board of such 
district in which such election is to be held, shall give ten (10) days' 
notice of the holding of such election, by posting notices in at least 
three public places in such school district. Such notices shall specify 
the place where such election is to be held, the time of opening and 
closing the polls and the proposition to be voted on. At such elec- 
tion two members of the school board shall act as judges and one 
shall act as clerk. The judges and clerk shall take the oath required 
of judges and clerks of an election held for county or township offi- 
cers. At such election all votes shall be by ballot. (As amended by 
an act approved March 30, 1905). 

§ 5. Within ten (10) days after such election the judges shall 
cause the poll book to be returned to the treasurer of the said school 
district, with a certificate thereon showing the result of such election. 
The poll book shall be filed by the treasurer, and shall be evidence 
of such election. For a failure to return the poll book to the treas- 
urer within the time prescribed, the judges of said election shall be 
liable, severally, to a penalty of not less than twenty-five (25) dollars 
nor more than one hundred (100) dollars, to be recovered in a suit 
in the name of the People of the State of Illinois, before any justice 
of the peace, and when collected shall be added to the school fund of 
said district. 

§ 6. Where any such school district has heretofore issued bonds, 
or other evidences of indebtedness, on account of any public school 
building, or for any other purpose, which are now binding' and sub- 
sisting obligations against such school district and remaining out- 
standing, such school district may, upon the surrender of any such 
bonds or any part thereof, or other evidence of indebtedness, issue in 
lieu thereof, to the holder or holders of said bonds, or to any person 



333 

or persons, for money with which to take up the fsame, new bonds in 
accordance with the provisions of this act: Provided, such bonds 
shall not be issued so as to increase the aggregate indebtedness of 
such school district to exceed, including existing indebtedness, five 
(5) per centum of the taxable property of such school district, to be 
ascertained by the last assessment for the State and county taxes 
previous to incurring such indebtedness. 

§ 7. Wheeeas, an emergency exists, this act shall be in full force 
and effect from and after its passage. 

Appboved and in force May 10, 1901. 



EXISTING INDEBTEDNESS. 

An Act to allow directors of schools under special laws to assume 
and provide for indebtedness heretofore created by the authorities 
of city for school purposes. 

Section 1. Be it enacted by the People of the State of Illinois, 
represented in the General Assembly : That whenever any city in 
this State is by special law made a school district, or whenever any 
school district created by special law shall be co-terminus with any 
city, the directors of such district shall have the power, at the re- 
quest of the city council, to assume and provide for, by borrowing 
and taxation, any indebtedness now existing, created by the authori- 
ties of the city for school purposes. 

Approved June 22, 1891. 



government of schools in annexed territory. 

An Act giving cities organized under special charters and hav- 
ing the government of the public schools under such charters, the 
government of public schools in any territory annexed to said 
cities, with the right to levy and assess taxes for school purposes 
against the property in said territory so annexed. 

Section 1. Be it enacted by the People of the State of Illinois, 
represented in the General Assembly: That in all cities in this 
State, having a population of less than twenty thousand, and incor- 
porated under any special law, whose public or common schools 
within the corporate limits of said city are governed by virtue of 
such special acts, where any territory has been heretofore, or may 
hereafter be annexed to said city for general corporate purposes, 
such territory so annexed shall be included in, and shall be subject 
to the control and government of said cities for school purposes up- 
on petition signed by a majority of the legal voters in the territory 
to be annexed as fully and to the same extent as if the said territory 
were originally within the corporate limits of said city as created by 



334 

such special acts, and said territory, when so annexed, shall thereby 
become disconnected from any school district to which, prior to such 
annexation, it may have been connected or belonged. 

§ 2. All cities referred to in section 1 of this act shall have the 
right to levy, assess, and collect taxes for school purposes in the ter- 
ritory so annexed, in the same manner, and as fully and to the same 
extent as the said cities may now have the right over the territory 
comprised within the original corporate limits of said city. 

Appeoved April 12, 1899. 



H35 



ADDITIONAL ACTS. 



AEBOR DAY. 

An Act to encourage the planting of trees. 

Section 1. Be it enacted hy the People of the State of Illinois, 
represented in the General Assembly: That the Governor shall, 
annually, in the spring, designate by official proclamation, a day to 
be designated as "Arbor Day" to be observed throughout the State 
as a day for planting trees, shrubs and vines about the homes and 
along highways, and about public grounds within this State, thus 
contributing to the wealth, comforts and attractions of our State. 

Approved June 10, 1887. 



BIRD DAY. 



An Act to encourage the protection of wild birds. 

Section 1. Be it enacted by the People of the State of Illinois, 
represented in the General Assembly: That the Governor shall, 
annually, in the spring, designate by proclamation, a "Bird Day" 
(which shall be the same day proclaimed by the Governor as "Arbor 
Day" as provided by an act entitled "An act to encourage the plant- 
ing of trees" approved June 10, 1887. In force July 1, 1887), to be 
observed throughout the State as a day on which to hold appropriate 
exercises in the public schools and elsewhere, tending to show the 
value of wild birds and the necessity for their protection, thus con- 
tributing to the comforts and attractions of our State. 

Approved May 16, 1903. 



CLASSES FOR CRIPPLED CHILDREN. 

An Act to authorize school districts to establish and maintain 
classes for crippled children in the p>ublic schools. 

Section 1. Be it enacted by the People of the State of Illinois, 
represented in the General Assembly: That upon the application by 
a board of education or board of directors of any school district to 



336 

the county superintendent, he shall grant permission to such board of 
education or board of directors, and such board of education or 
board of directors shall be empowered thereby to establish and main- 
tain, as part of the public schools of such district, one or more classes 
having an average attendance of not fewer than fifteen pupils, for the 
instruction of crippled children over the age of six and under twenty- 
one years. 

§ 2. Any board of education or board of directors that shall estab- 
lish and maintain one or more classes for the instruction of crippled 
children, shall report to the county superintendent annually, and as 
often as the county superintendent shall direct, such information con- 
cerning the class or classes so established and maintained, as the 
Superintendent of Public Instruction may require. 

§ 3. No person shall be employed to teach any such class or 
classes, who shall not have first obtained a certificate of qualification 
as required by law. 

§ 4. An act authorizing school districts managed by boards of 
education or directors to establish and maintain schools or classes for 
crippled children in the public schools, and authorizing payment 
therefor from the State common school funds, approved May 13, 1903, 
is hereby repealed. 

Appeoved May 18, 1905 



CLASSES FOR DEAF CHILDEEN. 

An Act to authorize school districts to establish and maintain 
classes for the deaf in the public schools. 

Section 1. Be it enacted by the People of the State of Illinois, 
represented in the General Assembly: That upon the application 
by a board of education or board of directors of any school district to 
the county superintendent, he shall grant permission to such board of 
education or board of directors, and such board of education or board 
of directors shall be empowered thereby to establish and maintain, as 
part of the public schools of such district, one or more classes, hav- 
ing an average attendance of not fewer than three pupils, for the in- 
struction of deaf persons over the age of three and under twenty-one 
years. 

§ 2. Any board of education or board of directors that shall estab- 
lish and maintain one or more classes for the instruction of the deaf 
shall report to the county superintendent annually, and as often as 
the county superintendent shall direct, such information concerning 
the class or classes so established and maintained as the Superinten- 
dent of Public Instruction may require. 

§ 3. No person shall be employed to teach any such class or 
©lasses who shall not have first obtained a certificate of qualification, 
as required by law, and who shall not have received instruction in the 
methods of teaching the deaf for a term of not less than one year. 



337 



§ 4. An act authorizing school districts managed by board of edu- 
cation or directors to establish and maintain classes for the deaf in 
the public schools, and authorizing payment therefor from State 
common school funds, approved June 11, 1897, is hereby repealed. 

Appeoved May 18, 1905. 



CHILD LABOR. 



An Act to regulate the employment of children in the State of 
Illinois, and to provide for the enforcement thereof. 

Section 1. Child under Fourteen Years. Be it enacted hy the 
People of the State of Illinois, represented in the General Assembly: 
That no child under the age of 14 years shall be employed, permitted 
or suffered to work at any gainful occupation in any theatre, concert 
hall or place of amusement where intoxicating liquors are sold, or in 
any mercantile institution, store, office, hotel, laundry, manufactur- 
ing establishment, bowling alley, passenger or freight elevator, factory 
or workshop or as messenger or driver thereof, within this State. 
That no child under 14 years of age shall be employed at any work 
performed for wages or other compensation, to whomsoever payable, 
during any portion of any month when the public schools of any 
town, township, village or city in which he or she resides are in 
session, nor be employed at any work before the hour of 7:00 o'clock 
in the morning or after the hour of 6:00 o'clock in the evening: Pro- 
vided, that no child shall be allowed to work more than eight hours 
in any one day. 

§ 2. Register. It shall be the duty of every person, firm or cor- 
poration, agent or manager of any firm or corporation employing 
minors over 14 years and under 16 years of age in any mercantile 
institution, store, office, hotel, laundry, manufacturing establishment, 
bowling alley, theatre, concert hall or place of amusement, passenger 
or freight elevator, factory or workshop or as messenger or driver 
therefor, within this State, to keep a register in said mercantile in- 
stitution, store, office, hotel, laundry, manufacturing establishment, 
bowling alley, theatre, concert hall or place of amusement, factory or 
workshop in which said minors shall be employed or permitted or 
suffered to work, in which register shall be recorded the name, age 
and place of residence of every child employed or suffered or per- 
mitted to work therein, or as messenger or driver therefor, over the 
age of 14 and under the age of 16 years ; and it shall be unlawful for 
any person, firm or corporation, agent or manager, of any firm or 
corporation to hire or employ, or to permit or suffer to work in any 
mercantile institution, store, office, hotel, laundry, manufacturing 
establishment, bowling alley, theatre, concert hall or place of amuse- 
ment, passenger or freight elevator, factory or workshop, or as mes- 
senger or driver therefor, any child under the age of 16 years and 

—22 S L 



338 

over 14 years of age, unless there is first produced and placed on file 
in such mercantile institution, store, office, hotel, laundry, manufac- 
turing establishment, bowling alley, factory or workshop, theatre, 
concert hall or place of amusement, an age and school certificate 
approved as hereinafter provided. 

§ 3. Wall lists. Every person, firm or corporation, agent or 
manager of a corporation employing or permitting or suffering to 
work five or more children under the age of 16 years and over the 
age of 14 in any mercantile institution, store, office, laundry, hotel, 
manufacturing establishment, factory or workshop, shall post and 
keep posted in a conspicuous place in every room in which such help 
is employed, or permitted or suflPered to work, a list containing the 
name, age and place of residence of every person under the age of 
16 years employed, permitted or suffered to work in such room. 

§ 4. Age and school certificate. No child under 16 years of 
age and over 14 years of age shall be employed in any mercantile in- 
stitution, store, office, hotel, laundry, manufacturing establishment, 
bowling alley, theatre, concert hall, or place of amusement, passenger 
or freight elevator, factory or workshop, or as messenger or driver 
therefor, unless there is first produced and placed on file in such 
mercantile institution, store, office, hotel, laundry, manufacturing 
establishment, bowling alley, theatre, concert hall or place of amuse- 
ment, factory or workshop, and accessible to the State factory in- 
spector, assistant factory inspector or deputy factory inspector, an 
age and school certificate as hereinafter prescribed; and unless there 
is kept on file and produced on demand of said inspectors of factories 
a complete and correct list of all the minors under the age of 16 
years so employed who cannot read at sight and write legibly simple 
sentences, unless such child is attending night school as hereinafter 
provided. 

§ 5. Age and school certificate — how approved. An age and 
school certificate shall be approved only by the superintendent of 
schools, or by a person authorized by him in writing; or where there 
is no superintendent of schools, by a person authorized by the school 
board: Provided, that the superintendent or principal of a parochial 
school shall have the right to approve an age and school certificate 
and shall have the same rights and powers as the superintendent of 
public schools to administer the oaths herein provided for children 
attending parochial schools : Provided, further, that no member of 
a school board or other person authorized as aforesaid shall have au- 
thority to approve such certificates of any child then in or about to 
enter his own establishment, or the employment of a firm or corpora- 
tion of which he is a member, officer or employe. The person ap- 
proving these certificates shall have authority to administer the oath 
provided herein, but no fee shall be charged therefor. It shall be 
the duty of the school board or local school authorites to designate 
a place (connected with their offices, when practicable) where certifi- 
cates shall be issued and recorded, and to establish and maintain 
the necessary records and clerical service for carrying out the pro- 
visions of this act. 



B39 

§ 6. Peoop of age. An age and school certificate shall not be 
approved unless satisfactory evidence is furnished by the last school 
census, the certificate of birth or baptism of such child, the register 
of birth of such child with a town or city clerk, or by the records of 
the public or parochial schools, that such child is of the age stated in 
the certificate: Provided, that in cases arising wherein the above 
proof is not obtainable, the parent or guardian of the child shall make 
an oath before the juvenile or county court as to the age of such 
child, and the court may issue to such child an age certificate as 
sworn to. 

§ 7. Employment ticket. The age and school certificate of a 
child under 16 years of age shall not be approved and signed until 
he presents to the person authorized to approve and sign the name, 
a school attendance certificate, as hereinafter prescribed, duly filled 
out and signed. A duplicate of such age and school certificate shall 
be filled out and shall be forwarded to the State Factory Inspector's 
office. Any explanatory matter may be permitted with such certificate 
in the discretion of the school board or superintendent of schools. 
The employment and the age and school certificates shall be sepa- 
rately printed and shall be filled out, signed and held or surrendered 
as indicated in the following forms : 

SCHOOL CERTIFICATE. 



(name of school). (city or town and date). 

This certifies of the , can read and. 

(name of minor). (grade). 

write legibly simple sentences. 

This also certifies that according- to the records of this school, and in my 

belief, the said was born at 

(name of minor). (name of cit>' or town). 
in on and is now 

'; (name of county). (date). (number of years and months). 

old. 



(name of parent or guardian). 

(residence), 
(signature of teacher). (grade). 



correct. 

(name of principal). 



(name of school). 



340 



EVENING SCHOOL ATTENDANCE CEKTIFICATE. 



(date) 

This certifies that is registered in and regularly 

(name of minor) 

attends the evening school. 

This also certifies that according to the records of my school and in my 

belief the said was born at 

(name of minor) (name of city or town) 

on the . . . . th day of , and is now 

(year) (number of years and months) 

old. 



(Name of parent or guardian). 
(Residence.) 
(Signature of teacher). 
(Signature of principal). 
AGE AND SCHOOL CEKTIFICATE. 

This certifies that I am of 

(father, mother, custodian or guardian) (name of minor) 

and that was born at in the 

(he or she) (name of town or city) 

and on the 

(name of county, if known) (state or county of ) (day of birth and 

and is now . old. 

year of birth) (number of years and months) 



(Signature of parent, custodian or guardian). 



(City or town and date). 

There personally appeared before me the above named 

(name of person signing) 

and made oath that the foregoing certificate by signed is true 

(him or her) 

to the best of knowledge. I hereby approve the foregoing cer- 

(his or her) 

tificate of , height , weight 

(name of child) (feet and inches) (pounds) 

complexion , hair , having no sufficient reason to 

(fair or dark) (color) 

doubt that is of the age herein certified. 

(he or she) 

Owner of Certificate. This certificate belongs to 

(name of child in whose 

and is to be surrendered to whenever 

behalf it is drawn ) (him or her) 

leaves the service of the corporation or employer holding the 

(he orshe) 
same; but if not claimed by said child within 30 days from such time it shall 
be returned to the superintendent of schools, or where there is no superin- 
tendent of schools, to the school board. 



(Signature of person authorized to approve and 
sign, with official character authority). 



(Town or citj?^ and date). 



Illiteracy. In the case of a child who cannot read at sight and 
write legibly simple sentences, the certificate shall continue as fol- 
lows, after the word sentences : 

"I hereby certify that is regularly attending the 

(he or she) (name of 



public or parochial evening school) 



341 

This certificate shall continue in force jast as long as the regular 
attendance of said child at said evening school is certified weekly by 
the teacher and principal of said school. 

Evening school. In any city or town in which there is no public 
or parochial evening school, an age and school certificate shall not 
be approved for a child under the age of sixteen years who can not 
read at sight and write legibly simple sentences. When the public 
or parochial evening schools are not in session an age and school 
certificate shall not be approved for any child who can not read at 
sight and write legibly simple sentences. The certificate of the 
principle of a public or parochial school shall be prima facie evi- 
dence as to the literacy or illiteracy of the child. 

§ 8. Schooling eequieed. No person shall employ any minor 
over fourteen years of age and under sixteen years, and no parent, 
guardian or custodian shall permit to be employed any such minor 
under his control, who cannot read at sight and write legibly simple 
sentences, while a public evening school is maintained in the 
town or city in which such minor resides, unless such minor is a reg- 
ular attendant at such evening school. 

§ 9. Duties of state inspectoes of factoeies. The State In- 
spector of Factories, his assistants or deputies shall visit all mercan- 
tile instutions, stores, offices, laundries, manufacturing establishments, 
bowling alleys, theatres, concert halls or places of amusement, facto- 
ries or workshops, and all other places where minors are or may be 
employed, in this State, and ascertain whether any minors are em- 
ployed contrary to the provisions of this act. Inspectors of factories 
may require that age and school certificates, and all lists of minors 
employed in such factories, workshops, mercantile institutions, and 
all other places where minors are employed as provided for in this 
act, shall be produced for their inspection on demand. And, pro- 
vided, further, that upon written complaint to the school board or 
local school authorities of any city, town, district or municipality, 
that any minor (whose name shall be given in such complaint) is em- 
ployed in any mercantile institution, store, office, laundry, manu- 
facturing establishment, bowling alley, theatre, concert hall or place 
of amusement, passenger or freight elevator, factory or workshop, or 
as messenger or driver therefor, contrary to the provisions of this act, 
it shall be the duty of such school board or local authority to report 
the same to the State Inspector of Factories. 

§ 10. HouES OF laboe. No person under the age of sixteen 
years shall be employed or suffered or permitted to work at any 
gainful occupation more than forty-eight hours in any one week, nor 
more than eight hours in any one day; or before the hours of seven 
o'clock in the morning or after the hour of seven o'clock in the 
evening. Every employer shall post in a conspicuous place in every 
room where such minors are employed a printed notice stating the 
hours required of them each day of the week, the hours of com- 
mencing and stopping work and the hours when the time or times 
allowed for dinner or for other meals begins and ends. The printed 



842 

form of such notice shall be furnished by the State Inspector of Fac- 
tories, and the employment of any such minor for longer time in any 
day so stated shall be deemed a violation of this section. 

§ 11. Employments foebidden childeen undee sixteen yeaes 
OF AGE. No child under the age of sixteen years shall be employed 
at sewing belts, or to assist in sewing belts, in any capacity what- 
ever; nor shall any child adjust any belt to any machinery; they 
shall not oil or assist in oiling, wiping or cleaning machinery; they 
shall not operate or assist in operating circular or band saws, wood- 
shapers, wood- jointers, planers, sandpaper or wood-polishing machin- 
ery, emery or polishing wheels used for polishing metal, wood-turn- 
ing or boring machinery, stamping machines in sheet metal and tin- 
ware manufacturing, stamping machines in washer and nut factories, 
operating corrugating rolls, such as are used in roofing factories, nor 
shall they be employed in operating any passenger or freight eleva- 
tors, steam boiler, steam machinery, or other steam generating ap- 
paratus, or as pin boys in any bowling alleys; they shall not operate 
or assist in operating, dough brakes, or cracker machinery of any 
description; wire or iron straightening machinery, nor shall they 
operate or assist in operating rolling mill machinery, punches or 
shears, washing, grinding or mixing mill or calendar rolls in rubber, 
manufacturing, nor shall they operate or assist in operating laundry 
machinery ; nor shall children be employed in any capacity in pre- 
paring any composition in which dangerous or poisonous acids are 
used, and they shall not be employed in any capacity in the manu- 
facture of paints, colors or white lead; nor shall they be employed in 
any capacity whatever in operating or assisting to operate any pas- 
senger or freight elevator ; nor shall they be employed in any capac- 
ity whatever in the manufacture of goods for immoral purposes, or 
any other employment that may be condsidered dangerous to their 
lives or limbs, or where their health may be injured or morals de- 
praved; nor in any theatre, concert hall, or place of amusement 
wherein intoxicating liquors are sold; nor shall females under sixteen 
years or age be employed in any capacity where such employment 
compels them to remain standing constantly. 

§12. Peima FACIE EVIDENCE OF A child's EMPLOYMENT. The pres- 
ence of any person under the age of sixteen years in any manufac- 
turing establishment, factory or workshop, shall constitute prima 
jade evidence of his or her employment therein. 

§ 13. Enpoecement of the PEOVisioNS OF THIS ACT. It shall 
be the special duty of the State Factory Inspector to enforce the pro- 
visions of this act, and to prosecute all violations of the same before 
any magistrate or any court of competent jurisdiction in this State. 
It shall be the duty of the State Factory Inspector, assistant State 
factory inspectors and deputy State factory inspectors, under the 
supervision and direction of the State Factory Inspector, and they 
are hereby authorized and empowered to visit and inspect, at all 
reasonable times, and as often as possible, all places covered by this 
act. 



343 

§ 14. Penalty. Whoever having under his control a child under 
the age of sixteen years, permits such child to be employed in viola- 
tion of the provisions of this act, shall, for each offense, be fined not 
less than $5.00 nor more than $25.00, and shall stand committed until 
such fine and costs are paid. A failure to produce to the inspector 
of factories, his assistants or deputies, any age and school certificates, 
or lists required by this act, shall constitute a violation of this act, 
and the person failing, shall, upon conviction, be fined not less than 
$5.00 nor more than $50.00 for each offense. Every person authorized 
to sign the certificate prescribed by section 7 of this act, who certifies 
to any materially false statement therein, shall be deemed guilty of a 
violation of this act, and upon conviction be fined not less than $5.00 
nor more than $100.00 for each offense, and shall stand committed 
until such fine and costs are paid. Any person, firm or corporation, 
agent or manager, superintendent or foreman, of any firm or corpora- 
tion, whether for himself or for such firm or corporation, or by him- 
self, or through sub-agents or foreman, superintendent or manager, 
who shall violate or fail to comply with any of the provisions of this act, 
or shall refuse admittance to premises, or otherwise obstruct the fac- 
tory inspector, assistant factory inspector, or deputy factory in- 
spector, in the performance of their duties, as prescribed by this act, 
shall be deemed guilty of a misdemeanor, and upon conviction thereof, 
shall be fined not less than $5.00 nor more than $100.00 for each of- 
fense, and stand committed until such fine and costs are paid. 

§ 15. Repeal. "An act to prevent child labor," approved June 
17, 1891, in force July 1, 1891, and all other acts and parts of acts in 
conflict with this act are hereby repealed. 

Appeoved May 15, 1903. 

COMPENSATION OE JUDGES AND CLEEKS. 

An Act to provide for the compensation of judges and clerks of elec- 
tion at electio7is at which trustees of schools and school directors 
are elected under the provisions of an act entitled ^^An act to reg- 
ulate the holding of elections and declaring the result thereof in 
cities, villages and incorporated towns in this Staie,^^ approved 
June 19, 1885. 

Section 1. Be it enacted by the People of the State of Illinois, 
represented in the General Assembly: That at all elections held 
under the provisions of an act entitled "An act to regulate the hold- 
ing of elections and declaring the result thereof in cities, villages 
and incorporated towns in this State," approved June 19, 1885, and 
those amendatory and supplemental thereto, at which any trustee of 
schools may have been heretofore or shall hereafter be elected, the 
expenses of such election shall be paid out of the treasury of such 
city, village and incorporated town. 

§ 2. That all elections held under the provisions of said acts, at 
which a school director is elected, the expenses of such election shall 
be paid out of any funds belonging or appertaining to the district 
for which such director is elected. 



344 

§ 3. The corporate authorities of cities, villages, incorporated 
towns and school districts are hereby authorized and empowered to 
levy taxes for the purpose of paying election expenses. 

Appeoved June 3, 1889. 

employes' pension fund. 

An Act to provide for the formation and disbursement of a public 
school employes'' pension f una in cities having a population ex- 
ceeding one hundred thousand inhabitants. 

Section 1. Be it enacted by the People of the State of Illinois, 
represented in the General Assembly : That the board of education 
in cities having a population exceeding 100,000 inhabitants shall 
have the power, and it shall be their duty, to create a public school 
employes' pension fund, which shall consist of amounts retained 
from the salaries or wages of employes, as hereinafter provided 
which amounts shall be deducted in equal monthly installments 
from such salaries or wages, at the regular time or times of the pay- 
ment thereof, and all moneys deiived from any and all other sources 
whatever. 

§ 2 The term "employe" under this act shall include only engin- 
eers, janitors and office employes in the employ of said board of edu- 
cation, earning over $49.00 per month, and this act shall apply 
only to those employes who voluntarily accept and agree to comply 
with its provisions. Any employ^, a part of whose salary may be set 
apart hereafter to provide for the fund created by this act, may be 
released from the necessity of making further payments to said fund, 
by filing a written notice of his or her desire to withdraw from com- 
plying with the provisions of this act, with the board of trustees 
hereinafter mentioned, which said resignation shall operate and go 
into effect immediately upon its receipt by said board of trustees. 

§ 3. The city treasurer, subject to the control and direction of 
the board of trustees hereinafter mentioned, shall be the custodian of 
said pension fund, and shall secure and safely keep the same, as well 
as all funds in his possession heretofore contributed under the pro- 
visions of any law relating to the retirement or pensioning of iDublic 
school employes, and shall keep books and accounts concerning said 
fund, in such manner as may be prescribed by said board of trustees, 
which said books and accounts shall always be subject to the 
inspection of said board of trustees, or of any member thereof. 
The city treasurer shall, within ten days after his election or ap- 
pointment, execute a bond to the city, with good and sufficient sure- 
ties, in which penal sum as the said board of trustees shall direct, 
w^hich said bond shall be approved by the said board of trustees, and 
shall be conditioned for the faithful performance of the duties of 
said office, and that he will safely keep and well and truly account 
for all moneys belonging to said pension fund, and all interest 
thereon, which may come into his hands as such treasurer, and that 
upon the expiration of his term of office, or upon his retirement 
therefrom for any cause, he will surrender and deliver over to his 
successor, all unexpended moneys, with such interest as he may have 



345 

received thereon; and all property whicli may have come into his 
hands as treasurer of said pension fund. Such bond shall be filed in 
the office of the clerk of said city, and in case of a breech of the 
same, or the conditions thereof, suit may be brought on the same in 
the name of the said city for the use of said board of trustees, or of 
any person or persons injured by such breech. 

§ 4. The board of education shall, in the month of September 
immediately following the passage of this act, arrange for the elec- 
tion of a board of trustees of said pension fund, composed of six 
members, to be chosen as hereinafter provided, which election shall 
be held not later than October 80, of the same year. Said board of 
trustees shall have power, and it shall be its duty, to administer said 
fund and to carry out the provisions of this act, and for the purpose 
of enabling such board of trustees to perform the duties imposed and 
exercise the powers granted by this act, the board of trustees shall 
be, and is hereby declared to be, a body politic and corporate. 

§ 5. The said board of trustees shall consist of the president and 
secretary of the board of education and four employes contributing 
to said fund. The president and secretary of the board of education 
shall be ex officio members of said board of trustees; and the other 
members shall be elected by ballot by the employes contributing to 
said fund, at the time and for the terms respectively as follows, to- wit: 
At the first election the contributors of said fund shall elect two of 
their number to serv"e for the term of one year, and two to serve for 
the term of two years, and annually thereafter said contributors shall 
elect two of their number to hold office for the term of two years. 

§ 6. Whenever any elective member of the board of trustees shall 
cease to be in the employ of said board of education his or her mem- 
bership in said board of trustees shall cease. Said board of trustees 
shall have power and it shall be its duty: 

(1) To determine the amount which shall be deducted from the 
salaries or wages paid to employes for the benefit of said pension 
fund: Provided, the amount of such deduction shall not be less than 
twelve dollars nor more than forty-eight dollars per year, for each 
employe : And, provided, further, that no deduction shall be made 
from the salary or wages of any employe who received less than 
forty-nine dollars per month, nor shall any one who receives a salary 
of not less than forty-nine dollars per month participate in said fund. 

(2) To make all payments from said pension fund, pursuant to the 
provisions of this act. 

(3) To administer and invest in their discretion any part of the 
said pension fund remaining in the hands of said treasurer. 

(4) To pay all necessary expenses in connection with the admin- 
istration of said fund and carrying out the provisions of this act for 
which provision is not otherwise made. 

(5) To determine the amount to be paid as benefits or annuities 
under this act and to increase or reduce the same in their discretion: 
Provided, that no benefit or annuity shall exceed six hundred dollars 
per year. 



346 

(6) To take by gift, grant or bequest, or otherwise|any money or 
property of any kind, and hold the same for the benefit of said fund. 

(7) To purchase, hold, sell or assign and transfer any of the 
securities in which said fund, or any part thereof, may be invested. 

(8) To exempt any of said employes from the operation of this 
act, whenever in their judgment, the interest of said fund shall render 
such exemption necessary and advisable. 

(9) To fill any vacancy or vacancies in said board of trustees until 
the next annual election, as hereinbefore jDrovided. 

(10) To make and establish all such rules for the transaction of 
their business, and such other rules, regulations and by-laws as may 
be necessary for the proper administration of said fund committed to 
their charge, and the performance of the duties imposed upon them. 

(11) They shall keep a full and complete record of their meetings 
and of the receipts and disbursements on account of such fund, and 
also complete lists of all contributors to said fund, and of all an- 
nuitants receiving benefits therefrom, and such other records as in 
their judgment shall seem necessary, and shall make and publish an- 
nually a full and complete statement of their financial transactions. 

(12) Said board shall hear and determine all applications for 
benefits under this act, and shall have power to suspend any annuity 
whenever, in their judgment, the disability of such beneficiary has 
ceased, or for other good cause. 

(13) To compromise, settle or liquidate any claim against said 
fund, by surrendering the contribution or contributions of any indi- 
vidual or individuals, and make the necessary rules, prescribing the 
terms under which such settlements may be made, providing there 
shall be no rule .allowing restitution of deductions from salaries after 
the contributor shall have become eligible to an annuity under this 
act. 

§ 7. Any contributor to said fund who shall have attained the age 
of fifty-five years, and shall have been in the service of said board of 
education for a period of ten years, and shall have contributed to said 
fund for the same period, shall have the right to retire and become a 
beneficiary under this act and to receive such benefit or annnitv from 
said fund as shall be determined by said board of trustees, which said 
benefit or annuity shall be proportionate to the amount of the con- 
tributions of such employe. 

§ 8. Upon the death of any contributor, who is not nor has been a 
beneficiary under this act, the said board of trustees may pay an 
amount not exceeding one year's benefits to the widow, if any, of such 
deceased contributor, and if there be no widow said board of trustees 
may expend said amount for the benefit of the minor children, if any, 
of such deceased contributor. 

§ 9. Any employe who has heretofore retired from service, pur- 
suant to the provisions of an act entitled "An act to provide for the 
formation and disbursement of a public school teachers' and public 
school employes pension and retirement fund in cities having a pop- 
ulation exceeding one hundred thousand inhabitants," approved May 
31, 1895, in force July 1, 1895, and has contributed to the fund created 



347 

by said last mentioned act, shall be entitled to such portion of the 
full annuity provided for under this act as the board of trustees may 
determine. 

§ 10. All sums heretofore contributed by employes under the pro- 
visions of an act entitled "An act to provide for the formation and 
disbursement of a public school teachers' and public school employes' 
pension and retirement fund in cities having a population exceeding 
one hundred thousand inhabitants," approved May 31, 1895, in force 
July 1, 1895, shall be set apart and held by said city treasurer as a 
part of the fund created by this act, and subject to the provisions of 
this act. 

§ 11 Any person who has been an employ^ of said board of 
education for a period of 20 years or more, and is a contributor to 
said fund, may retire from the service of said board of education 
upon 60 day's notice to be given to said board of trustees (unless 
such notice is waived by said board of trustees) and become an an- 
nuitant under this act. 

§ 12. Any person who has contributed to said fund for a period 
of ten years or more may retire from the service of said board of 
education on account of serious disability, rendering him or her un- 
able to properly discharge his or her duties, upon one year's notice 
to be given to said board of trustees (unless such notice is waived 
by said board of trustees) and may become an annuitant under this 
act, and shall thereupon be entitled to receive for a period of two 
years (which may be extended upon proof of continued disability), 
such part of the annuity then allowed under the rules of said trus- 
tees, as said trustees may determine. 

§ 13. Any employe who has been contributing to said fund for 
less than ten years, and who shall be dismissed or resign from the 
service of said board of education, may, upon application made within 
three months after the date of such dismissal or resignation, receive 
one-half of. the total amount paid into said fund by such person so 
dismissed. 

§ 14. The president and secretary of the board of education shall 
certify monthly to the treasurer of all amounts deducted in accord- 
ance with the provisions of this act from the salaries paid by the 
board of education, which amounts as well as all other sums contrib- 
uted to said fund under the provisions of this act, shall be set apart 
and held by said treasurer for the purpose hereinbefore specified, 
subject to the order of said board of trustees, and shall be paid out 
upon warrants signed by the president and secretary of said board of 
trustees. 

§ 15. All annuitiss granted under the provisions of this act shall 
be exempt from attachment and garnishment process, and no annui- 
tant shall have the right to transfer or assign his or her annuity, 
either by way of mortgage or otherwise. 

§ 16. All elections or appointments of employes by said board of 
education shall be made pursuant to the provisions of an act entitled 
"An act to regulate the civil service of cities," approved and in force 
March 20, 1895, such election or appointment to be permanent during 



348 

efficiency and good behavior, and no employ^ who has contributed to 
said fund shall be removed or discharged, except for cause, upon 
written charges, which shall be investigated and determined by the 
board of education, whose action and decision in the matter shall be 
final, 

§ 17. Any person who shall directly or indirectly, avoid or seek 
to avoid any or all of the provisions of this act, or who shall, directly 
or indirectly, interfere with or obstruct the enforcement of any of the 
provisions of this act, shall be guilty of a misdemeanor, and shall on 
conviction thereof be punished by a fine of not less than fifty dollars 
and not exceeding one thousand dollars, or by imprisonment in the 
county jail for a term not exceeding six months, or both such fine or 
imprisonment in the discretion of the court. 

§ 18. All laws and parts of laws which are inconsistent with this 
act, or any provisions thereof, are hereby repealed. 

Appeoved May 15, 1903. 

FEES AND SALAEIES. 

An Act to amend section 27 of an act entitled, ^^An act concerning 
fees and salaries and to classify the several counties of this State 
with reference thereto,''^ approved March 29, 1872, in force July 1, 
1872, title as amended by act approved March 28, 1874, in force 
July 1, 1874. 

Section 1. Be it enacted by the People of the State of Illinois, 
represented in the General Assembly: That section 27 of an act 
entitled, "An act concerning fees and salaries and to classify the 
counties of this State with reference thereto," approved March 29, 
1872, in force July 1, 1872, title as amended by act approved March 
28, 1874, in force July 1, 1874, be, and the same is hereby amended 
so as to read as follows: 

§ 27. County superintendents elected hereafter shall receive in 
full for all services rendered by them, in counties of the first class, 
twelve hundred and fifty dollars per annum ; in counties of the second 
class, sixteen hundred and fifty dollars per annum; in counties of the 
third class, seventy- five hundred dollars i3er annum; payable quar- 
terly from the State school fund: Provided, however, that the board 
of supervisors or board of county commissioners maj^ allow addi- 
tional compensation for such services, payable quarterly from the 
county treasury. The Auditor in making his warrant to any county 
for the amount due it from the State school fund, shall deduct from 
it, the several amounts for which warrants have been issued to the 
county superintendent of said county, since the preceding apportion- 
ment of the State school fund. 

Appeoved May 17, 1905. 



349 



FLAGS. 



An Act to provide for placing United States national flags on 
school houses, court houses and other public buildings in this 
State, and to repeal certain acts therein named. 

Section 1. Be it enacted by the People of the State of Illinois, 
represented in the General Assembly : That it shall be the duty of 
the board of supervisors in counties under township organization, 
and the board of commissioners in counties not under township 
organization, to provide United States national flags of not less than 
4x8 feet in size, to be unfurled and kept floating from a suitable flag 
staff to be placed on the top of the court house in their respective 
counties, and is hereby made the duty of the sheriff of each and 
every county in the State to see that the flag so provided shall be 
hoisted on its flag staff above the court house and kept floating from 
8:00 o'clock a. m. to 5:00 o'clock p. m. on each and every legal holi- 
day of the year, and on such other days as the board of supervisors 
or the board of county commissioners may direct. 

§ 2. The commissioners or trustees of all penal and reformatory, 
State educational and State charitable institutions of this State 
shall provide United States national flags of not less than 10x20 feet 
in size, and cause the same to be unfurled and kept floating above 
the said penal and reformatory, State educational and State charit- 
able institutions, or on a suitable flag pole from 8:00 o'clock a. m. to 
5:00 o'clock p. m. on each and every legal holiday in the year, and on 
such other days as the commissioners or trustees may determine. 

§ 3. The directors or board of education of every school district 
in the State of Illinois shall have power to cause to be erected and 
to keep in repair upon all public school houses or within the school 
grounds surrounding such public school buildings, which may be in 
their respective school districts, a good and sufficient flag staff or 
pole, together with all necessary adjustments, and that they shall 
provide a United States national flag of not less than 4x8 feet in size, 
which shall be floated from such flag staff or pole during the school 
hours of such days as the directors or board of education may deter- 
mine: Provided, that the flag shall not be hoisted on any court 
house. State institution or public school building during any day 
when a violent storm or inclement weather would destroy or materi- 
ally injure such flag. 

§ 4. The flag used by any and all State institutions, as provided 
for in this act, shall be paid for out of the funds appropriated for the 
running expenses of said institutions, the same as other necessary 
supplies are bought and paid for, and the flags for use over court 
houses and public school buildings are hereby declared to be neces- 
sary supplies, and may be paid for out of the public funds of the 
respective counties or school districts. 



350 

§ 5. Any person or persons who shall wilfully injure, deface or 
destroy any flag, flag staff or pole, or adjustments attached thereto, 
erected and arranged for the purpose of carrying out the require- 
ments of this act, shall be deemed guilty of a misdemeanor, and upon 
conviction shall be fined not less than $1.00 nor more than $15.00. 

§ 6. That an act entitled, "An act to provide for placing the 
United States national flags on school houses, court houses and other 
buildings in the State," became a law June 26, 1895, in force July 1, 
1895; and an act entitled, "An act to require the United States flag 
to be placed upon all public buildings in Illinois, or upon a flag pole 
erected within the school grounds surrounding such school build- 
ings," became a law June 26, 1895, in force July 1, 1895, be and the 
same are hereby repealed. 

Appeoved June 2, 1897. 

HIGH SCHOOL DISTEICTS. 

An act to authorize the organization of high school districts. 

Section 1. Be it enacted hy the People of the State of Illinois 
represented in the General Assembly : When any school township 
not constituting the whole or any part of a township high school dis- 
trict shall contain a school district having a population of not less 
than eight thousand (8,000) and not over one hundred thousand 
(100,000) inhabitants, whether such school district is acting under the 
general school law or organized and acting under a special charter, 
such school township may become organized as a high school district 
by submitting the question of such organization to a vote of the peo- 
ple of such township at a special election to be called and held in the 
following manner, to- wit: Upon a petition of not less than fifty (50) 
legal voters of any such school township, filed with the county sup- 
erintendent of schools of the county wherein such township or the 
greater part thereof may be situated, he shall within ten days there- 
after notify the voters of said township that an election "For" or 
"Against" a high school district in said township will be held at the 
usual place or places of holding elections in said township for the 
election of trustees of schools, by posting notices of such election in 
at least ten of the most public places throughout such township for 
at least ten days before the election, which notices may be in the fol- 
lowing form : 

High School,|Distkict Electioist. 

Notice is hereby given that on the. day of 

A. D an election will be held at 

for the purpose of voting- "For" or "Against" the proposition to establish a 
high school district in and for the benefit of tov^^nship No Range No. . . . 

The polls of said election will be open at o'clock and close at 

o'clock of said day. 



County Suverintendent of Schools of County. 



Such election shall be held within twenty days after the filing of 
said petition and shall be conducted and the ballots cast thereat shall 
be canvassed and the returns thereof made to said county superin- 



351 

tendent of schools as and within the time and the manner provided 
for election of school trustees in and by article three (3) of an act of 
the General Assembly of the State of Illinois entitled "An act to 
establish and maintain a system of free schools," approved May 21, 
1889, and the amendments thereto, and if a majority of the votes cast 
at such election shall be found to be in favor of a high school district 
such township shall constitute a school district under this act for 
high school purposes. 

§ 2. The members of the board of education of such school dis- 
trict so containing not less than eight thousand (8,000) inhabitants 
together with such additional members to be selected from the re- 
spective boards of directors or boards of education, as the case may 
be, of the several other school districts situated within such school 
township as may be determined upon, shall constitute the board of 
education of such high school district, and such board, when chosen, 
organized and qualified, shall have the powers and discharge the duties 
respectively of the board of education of said school district in such 
township having over eight thousand (8,000) inhabitants. 

§ 3. The county superintendent of schools of the county wherein 
such township or the greater part thereof shall be situated, shall 
within ten days after the returns of such election shall have been 
made to him, determine the number of members of the board of edu- 
cation of such high school district to be chosen from the respective 
boards of the several school districts in such school township in the 
following manner, to-wit : He shall first obtain a ratio of representa- 
tion by dividing the number of persons under twenty-one years of 
age residing in such school district containing over eight thousand 
(8.000) inhabitants as ascertained by the last preceding enumeration, 
by the full number of members constituting the board of education 
thereof and then assign to each of the other districts in such town- 
ship one member of such board for each time such ratio may be con- 
tained in the respective number of such persons under the age of 
twenty-one years residing in each of such other districts as ascer- 
tained as aforesaid: Provided, however, that in case the total num- 
ber of such members determined in the manner aforesaid shall exceed 
fifteen, then the said superintendent shall divide the entire number 
of such persons under the age of twenty-one years residing in such 
township by fifteen (15) and thereby obtain a new ratio and then 
make an apportionment between all the primary school districts in 
such school township, upon the basis of such new ratio, assigning one 
member for every time such ratio shall be contained in the number of 
such persons residing in each of such districts respectively, and one 
member for the largest fractions of such ratio, if necessary, to make 
the total number equal to fifteen, and within three days thereafter 
said superintendent shall notify the president of each of the said 
boards of said primary school districts of the result of such appor- 
tionment and that said boards must make a selection of the number 
of members of said high school board of education, each of their re- 
spective school districts shall be entitled to. When ten days after 
such notice shall have been given, the said respective boards of the 
primary school districts in such township shall meet upon a call of 



352 

the president thereof and elect by ballot the number of members of 
said high school district, such primary school districts may be en- 
titled to respectively, and the president and secretary of said boards 
shall certify the result of such election in writing to the said county 
superintendent within three days thereafter, and thereupon the said 
county superintendent shall appoint a meeting of the several persons 
so chosen, for the purpose of organization, and give each person so 
chosen, notice by mail postpaid of such meeting and the time and 
place thereof. 

§ 4. Said board shall organize by appointing one of their number 
president and some person who shall not be a member of such board 
but who shall be a resident of such high school district, treasurer, 
who shall be ex officio clerk of such board: Provided, that this 
board may, by a resolution to be adopted by a two-thirds vote of all 
the members thereof, determine to elect one of its own members sec- 
retary and fix his compensation and the term of his ofiice, and by a 
like resolution, said board shall determine when the term of office of 
the president and treasurer shall commence. The treasurer shall 
execute a like bond to the board of education in the same manner 
with like sureties and with the same force and effect as the bonds 
which are required to be given by township treasurers in and by arti- 
cle four (4) of said act, and shall exercise the power and discharge 
the duties of his office in the same manner, as near as may be, as is 
required by such township treasurers and shall hold his office for one 
year and until his successor is appointed and qualified, but may be 
removed by the board for good and sufficient cause. 

§ 5. The president shall hold his office for one year and until his 
successor shall be appointed, but he may be removed by the board 
for good and sufficient cause. It shall be his duty to preside at all 
meetings of the board and it shall be the duty of the clerk to be 
present at all meetings of the board, and to record in a book to be 
provided for that purpose all of their official proceedings, which book 
shall be a public record, open to the inspection of any person inter- 
ested therein. All of said proceedings when recorded shall be signed 
by the clerk. If the president or clerk shall be absent or refuse to 
perform any of the duties of his office at any meeting of the board, a 
president or clerk pro tern may be appointed. 

§ 6. For the purpose of building school houses, supporting 
schools and paying other necessary expenses, the townships for the 
benefit of which high school district may be established under the 
provisions of this act, shall be regarded as school districts and the 
board of education thereof shall have power and authority to levy a 
tax annually upon all the taxable property of such high school dis- 
trict of one-half the amount which boards of education of township 
high schools organized and acting under the provisions of sections 
38, 39, 40, 41 and 42 of article three (3) of said act, now have power 
and authority to raise. It shall be the duty of such high school 
board of education to establish at some central point most convenient 



853 

to a majority of the pupils of the district, a high school for the edu- 
cation of the more advanced pupils and said board may establish and 
maintain a manual training department and a domestic science 
department. 

§ 7. High school districts organized under the provisions of this 
act may borrow money and issue bonds therefor for the purposes and 
in the manner authorized and provided in and by an act entitled, 
"An act to authorize the certain school districts to issue bonds for 
certain purposes," approved May 10, 1901: Provided, however, that 
the amount so borrowed shall not exceed three-fourths the amount 
authorized by said act. 

§ 8. One or more school districts adjoining any high school dis- 
trict organized and existing under this act may be annexed to such 
high school district and become a part thereof by a joint resolution 
or resolutions to be adopted by a vote of a majority of all the mem- 
bers of the board of directors or board of education of the district or 
districts so to be annexed, and by a majority vote of all the members 
constituting the said board of education of such high school district, 
which joint resolution or resolutions shall set forth specifically the 
terms and conditions of such annexation, and shall provide that such 
district or districts so to be annexed shall contribute such amount as 
may be agreed upon toward the cost of any school house or school 
house lot or other such school property owned by such high school 
district at the time of such annexation, which amount or amounts so 
agreed upon and fixed, shall be raised by the respective boards of the 
district or districts so being annexed in the same manner as such 
district might have raised a like amount for the purpose of building 
school houses therein, and when so raised, the same shall be used to 
pay any existing indebtedness theretofore incurred by such high 
school district, in the manner to be determined upon by said board: 
Provided, hoivever, that before any such resolution for the annexa- 
tion of any such district or districts shall take effect and be in force, 
the question of the adoption of the same shall be submitted to the 
legal voters of such said high school district and of the districts pro- 
posed to be annexed at elections to be called and held in the same 
manner as elections for township high schools under sections 38, 39 
and 40 of article three (3) of the act mentioned in the first section of 
this act, and a majority of the votes cast in each district at such 
elections shall be required in order to adopt such resolution. 

Approved May 12, 1905. 

KINDEEGAETEN 8CH00LS. 

An Act authorizing school districts managed hy hoards of education 
and directors to establish and maintain kindergarten schools. 

Section 1. Be it enacted hy the People, of the State of Illinois, 
represented in the General Assembly: That in addition to other 
grades or departments now established and maintained in the public 
schools of the State, any school district managed by a board of edu. 
cation or a board of directors is hereby empowered, when authorized 

—23 S L 



354 

by a majority of all the votes cast at an election for that purpose, 
such election to be called and held in accordance with the provisions 
of article 9 of an act entitled, "An act to establish and maintain a 
system of free schools," approved and in force May 21, 1889, to estab- 
lish in connection with the public schools of such district, a kinder- 
garten or kindergartens for the instruction of children between the 
ages of four and six years, to be paid for in the same manner as other 
grades and departments now established and maintained in the pub- 
lic schools of such district. No money accruing to such district from 
the school tax fund of the State shall be used to defray the tuition or 
other expenses of such kindergarten, but the same shall be defrayed 
from the local tax and the special school revenue of said district. 

§ 2. All teachers in kindergartens established under this act shall 
hold a certificate issued as provided by law, certifying that the holder 
thereof has been examined upon kindergarten principles, and is com- 
petent to teach the same. 

Appeoved April 17, 1895. 

MANUAL TRAINING IN HIGH SCHOOLS. 

An Act to provide for the establishment and maintenance of manual 
training departments for high schools. 

Section 1. Be it enacted by the People of the State of Illinois, 
represented in the General Assembly : That upon the petition of not 
less than fifty voters of any high school district, filed with the town- 
ship treasurer at least fifteen days preceding the regular election of 
members of the board of education for said high school district, it 
shall be the duty of said treasurer to notify the voters of said district 
that an election " For " or "Against " the establishment of a manual 
training department for said high school will be held at the next 
annual election of the board of education by posting notices of such 
election in at least ten of the most public places throughout the 
township for at least ten days before the day of such regular election, 
which notice may be in the following form : 

HIGH SCHOOL ELECTION. 

Notice is hereby given that on Saturday, the day of April, 

A. D , an election will be held at for the purpose of 

voting "For" or "Against" the proposition to establish a manual training 

department for the high school in township No , range No. .... The 

polls of said election will be opened at o'clock and close at o'clock 

of said day. 



Township Treasurer. 

§ 2. The ballots for such election shall be received and canvassed 
as in other elections, and may have on them the names of the board 
of education voted for at such election. 

§ 3. If a majority of the votes cast at such election shall be in 
favor of establishing a maniial training department for the high 
school in said district, it shall be the duty of the board of education 
to establish and maintain therein such department as a part of the 
high school. 

Approved June 3, 1897. 



355 

NUMBEEING SCHOOL DISTEICTS. 

An Act to provide for numbering consecutively all school districts 
in each county in the State, and for numbering school districts 
ivhich lie in two or more counties. 

Section 1. Be it enacted by the People of the State of Illinois, 
represented in the General Assembly : That all school districts shall 
be numbered consecutively in each county, beginning with number 

one, and each shall be designated as school district number 

county of and State of Illinois, and such designation 

shall be for all i)urposes for which school districts are now designated 
by number, township and range, or otherwise; and when any district 
lies in two or more townships or ranges, or in two or more counties, 
such district, as a whole, shall have only one number in the consecu- 
tive list. 

§ 2. It shall be the duty of the county superintendent of schools 
to prepare a map of his county on a scale of not less than two inches 
to the mile, and to clearly indicate thereon the boundary lines of all 
school districts, as established, and to plainly number such districts 
in consecutive order; and in case of districts composed of parts of 
two or more counties, the county superintendents of such counties 
shall agree upon the number to be given such districts, which shall 
not be a duplicate of any number in either of such counties. 

§ 8. The county superintendent shall furnish to township school 
treasurers a list of districts in his township, giving the former num- 
ber of the respective districts and the consecutive number thereof, 
as made upon the map of the county, and the county superintendent 
shall be authorized to demand of the board of trustees of townships, 
certified copies of maps and records of school districts, as organized; 
and in case of discrepancies or defects in defining the boundaries of 
school districts, the county superintendent or superintendents of two 
or more counties, in case of districts in two or more counties, acting 
jointly, shall be authorized to define such boundaries to conform to 
what may appear to have been the intention of the trustees when 
such boundaries were established; and when so defined by the county 
superintendent or superintendents", acting jointly for two or more 
counties, such boundaries, so defined, shall stand until changed, as 
provided by law. 

§ 4. The county clerk of each county shall number the school dis- 
tricts on the maps in his office to correspond with the numbers of 
districts as established by this act, and shall use such numbers in 
computing and reporting school taxes, as required by law. Assessors 
shall return their assessments of each person's assessment of per- 
sonal property by such consecutive numbers. 

§ 5. All acts or j)ai"ts of acts in conflict herewith are hereby re- 
pealed. 

Appeoved May 10, 1901. 



356 



PAEENTAL SCHOOLS. 



An Act to enable boards of educationor hoards of school trustees 
to establish and maintain parental or truant schools. 

^^Section 1. Be it enacted by the People of the State of Illinois, 
represented in the General Assembly: That in cities having a pop- 
ulation of 100,000 inhabitants or more, there shall be established, 
maintained and conducted, within two years from the date of taking 
effect of this act, one or more parental or truant schools for the pur- 
pose of affording a place of confinement, discipline, instruction and 
maintenance of children of compulsory school age who may be com- 
mitted thereto in the manner hereinafter provided. 

§ 2. For the purpose of establishing such school or schools, sites 
may be purchased and buildings constructed or premises rented in 
the same manner as is provided for in the case of public schools in 
such cities; but no such school shall be located at or near any penal 
institution. And it shall be the duty of the board of education to 
furnish such schools with such furniture, fixtures, apparatus and 
provisions as may be necessary for the maintenance and operation 
thereof. 

§ 8. The board of education may also employ a superintendent 
and all other necessary officers, agents and teachers ; and shall pre- 
scribe the methods of discipline and the course of instruction; and 
shall exercise the same powers and perform the same duties as is 
prescribed by law for the management of other schools. 

§ 4. No religious instruction shall be given in said school except 
such as is allowed by law to be given in public schools; that the board 
of education shall make suitable regulations so that the inmates may 
receive religious training in accordance with the belief of the parents 
of such children, either by allowing religious services to be held in 
the institution or by arranging for attendance at public service else- 
where. 

§ 5. It shall be the duty of the truant officer or agent of such 
board of education to petition, and any reputable citizen of the city 
may petition, the county or circuit court of the county, to inquire 
into the case of any child of compulsory school age who is not attend- 
ing school, and who has been guilty of habitual truancy, or of persis- 
tent violation of the rules of the public school and the petition shall 
also state the names, if known, of the father and mother of such child, 
or the survivor of them; and if neither father nor mother of such 
child is living, or can not be found in the county, or if their names 
can not be ascertained, then the name of the guardian, if there be one 
known; and if there be a parent living whose name can be ascer- 
tained, or a guardian, the petition shall show whether or not the 
father or mother or guardian consents to the commitment of such 
child to such i^arental or truant school. Such petition shall be veri- 
fied by oath upon the belief of the petitioner, and upon being filed 
the judge of the county or circuit court shall have such child named 
in the petition brought before him for the purpose of determining 



357 

the application in said petition contained. Bnt no child shall be 
committed to such school who has ever been convicted of any offense 
punishable by confinement in any penal institution. 

§ 6. Upon the filing of such petition the clerk of the court shall 
issue a writ to the sheriff of the county directing him to bring such 
child before the court, and if the court shall find that the material 
facts set forth in the petition are true, and if, in the opinion of the 
court, such child is a fit person to be committed to such parental or 
truant school, an order shall be entered that such child be committed 
to such parental or truant school, to be kept there until he or she 
arrives at the age of fourteen years unless sooner discharged in the 
manner hereinafter set forth. Before the hearing aforesaid notice 
in writing shall be given to the parent or guardian of such child, if 
known, of the proceedings about to be instituted, that he or she may 
appear and resist the same if they so desire. 

§ 7. It shall be the duty of the parent or guardian of any child 
committed to this school to provide suitable clothing upon his or her 
entry into such school and from time to time thereafter as it may be 
needed, upon notice in writing from the superintendent or other 
proper officer of the school. In case any parent or guardian shall 
refuse or neglect to furnish such clothing, the same may be provided 
by the board of education, and such board may have an action against 
such parent or guardian of said child to recover the cost of such 
clothing with 10 per cent additional thereto. 

§ 8. The board of education of such city shall have power to es- 
tablish rules and regulations under which children committed to such 
parental or truant school may be allowed to return home upon parole, 
but to remain while upon'parole in the legal custody and under the 
control of the officers and agents of such school, and subject at any 
time to be taken back within the enclosure of such school by the su- 
perintendent or any authorized officer of said school except as here- 
inafter provided; and full power to enforce such rules and regula- 
tions to retake any such child so upon parole is hereby conferred 
upon said board of education. No child shall be released upon parole 
in less than four weeks from the time of his or her commitment, nor 
thereafter until the superintendent of such parental or truant school 
shall have become satisfied from the conduct of the child that, if 
paroled, he or she will attend regularly the public or private school 
to which he or she may be sent by his or her parents or guardian and 
shall so certify to the board of education. 

§ 9. It shall be the duty of the principal or other persons having 
charge of the school to which such child so released on parole may 
be sent to report at least once each month to the superintendent of 
the parental or truant school, stating whether or not such child at- 
tends school regularly and obeys the rules and requirements of said 
school; and if such child so released upon parole shall be regular in 
his or her attendance at school and his or her conduct as a pupil 
shall be satisfactory for a period of one year from the date which he 



358 

or she was released upon parole, lie or she shall then be finally dis- 
charged from the parental or truant school, and shall not be recom- 
mitted thereto except on petition as hereinbefore provided. 

§ 10. In case any child released from said school upon parole, as 
hereinbefore provided, shall violate the conditions of his or her pa- 
role at any time within one year thereafter, he or she shall, upon tbe 
order of the board of education, as hereinbefore provided be taken 
back to such parental or truant school and shall not be again released 
upon parole within the period of three months from the date of such 
re-entering; and if he or she shall violate the conditions of a second 
parole he or she shall be recommitted to such parental or truant 
school and shall not be released therefrom on parole until he or she 
shall remain in said school at least one year. 

§ 11. In any case where a child is found to be incorrigible and 
his or her influence in such school to be detrimental to the interests 
of the other pupils, the board of education may authorize the super- 
intendent or any officer of the school to represent these facts to the 
circuit or county court by petition, and the court shall have author- 
ity to commit said child to some juvenile reformatory. 

§ 12. Boards of education in cities having a population of over 
25,000 and less than 100,000 may establish, maintain and operate a 
parental or truant school for the purposes hereinafter specified, and 
in case of the establishment of such a school, the boards of education 
shall have like power in their respective cities as herebefore [herein- 
before] expressed: Provided, that no board of trustees or board or 
education under this section shall put this law into effect until sub- 
mitted to a vote of the people and adopted by a majority vote at some 
general election. 

Approved April 24, 1899. 



PHYSIOLOGY AND HYGIENE, 

An Act relating to the study of physiology and hygiene in the pub- 
lic schools. 

Section 1. Be it enacted by the People of the State of Illinois, 
7'epresented in the General Assembly : That the nature of alcoholic 
drinks and other narcotics and their effects on the human system 
shall be taught in connection with the various divisions of physiology 
and hygiene as thoroughly as are other branches in all schools under 
State control, or supported wholly or in part by public money, and 
also in all schools connected with reformatory institutions. All pupils 
in the above mentioned schools, below the second year of the high 
schools and above the third year of school work, computing from the 
beginning of the lowest primary year, or in corresponding classes of 
ungraded schools, shall be taught and shall study this subject every 
year from suitable text books in the hands of all pupils, for not less 
than four lessons a week for ten or more weeks of each year, and must 
pass the same tests in this as in other studies. In all schools above 



359 

mentioned all pupils in the lowest three primary school years, or in 
corresponding classes in ungraded schools, shall each year be in- 
structed in this subject orally for not less than three lessons a week 
for ten weeks in each year, by teachers using text books adapted for 
such oral instruction as a guide and standard. The local school author- 
ities shall provide needed facilities and definite time and place for this 
branch in the regular courses of study. The text books in the pupils' 
hands shall be graded to the capacity of the fourth year, interme- 
diate, grammar and high school pupils, or to corresponding classes as 
found in ungraded schools. For students below high school grade 
such text books shall give at least one-fifth their space, and for stu- 
dents of high school grade shall give not less than twenty pages to 
the nature and effects of alcoholic drinks and other narcotics. The 
pages on this subject, in a separate chapter at the end of the book, 
shall not be counted in determining the minimum. 

§ 2. In all normal schools,, teachers' training classes and teachers' 
institutes, adequate time and attention shall be given to instruction 
in the best methods of teaching this branch, and no teacher shall be 
licensed who has not passed a satisfactory examination in this sub- 
ject and the best methods of teaching it. Any school officer or offi- 
cers who shall neglect or fail to comply with the provisions of this 
act shall forfeit and pay for each offense the sum of not less than 
five dollars no rmore than twenty five dollars. 

Appeoved June 9, 1897. 



SCHOOL ATTENDANCE. 

An Act to promote attendance of children in schools and to prevent 

truancy. 

Section 1. Be it enacted hy the People of the State of Illinois, 
represented in the General Assembly ; Every person having control 
of any child between the ages of seven (7) and fourteen (14) years 
shall annually cause such child to attend some public or private 
school for the entire time during which the school attended is in 
session, which period shall not be less than 110 days of actual teach- 
ing: Provided, that this act shall not apply in any case where the 
child has been or is being otherwise instructed, for a like period of 
time in each and every year in the elementary branches of education 
by a person or persons competent to give such instruction, or whose 
X^hysical or mental condition renders his or her attendance impracti- 
cable or inexpedient, or who is excused for temporary absence for 
cause by the principal or teacher in charge of the school which said 
child attends. (As amended by act approved May 13, 1903.) 

§ 2. For every neglect of such duty prescribed by section 1 of 
this act, the person so offending shall forfeit to the use of the public 
schools of the city, town or district in which such child resides, a 
sum not less than five dollars ($5) nor more than twenty dollars 



mo 

($20) and costs of suit, and shall stand committed until such fine 
and costs of suit are fully paid. (As amended by act approved May 
18, iy03 ) 

§ 3. The board of education in cities, towns, villages and school 
districts, and the board of school directors in school districts, shall 
appoint at the time of appointment or election of teachers each year 
one or more truant officers, whose duty it shall be to report all viola- 
tions of this act to said board of education or board of directors and 
to enter complaint against and prosecute all persons who shall appear 
to be guilty of such violation. It shall also be the duty of said 
truant officer so appointed to arrest any child of school-going age 
that habitually haunts public places and has no lawful occupation, 
and also any truant child who absents himself or herself from school, 
and to place him or her in charge of the teacher having charge of 
any school which said child is by law entitled to attend, and which 
school shall be designated to said officer by the parent, guardian or 
person having control of said child. In case such parent, guardian 
or person shall designate a school without making or having made 
arrangements for the reception of said child in the school so desig- 
nated, or in case he refuses or fails to designate any school, then 
such truant officer shall place such child in charge of the teacher of 
the public school. And it shall be the duty of said teacher to assign 
said child to the proper class and to instruct him or her in such 
studies as he or she is fitted to pursue. The truant officer so ap- 
pointed shall be entitled to such compensation for services rendered 
under this act as shall be determined by the boards appointing them, 
and which compensation shall be paid out of the distributable school 
fund: Provided, that nothing herein contained shall prevent the 
parent, guardian or person having charge of such truant child, which 
has been placed in any school by the truant officer, to thereafter send 
said child to anj^ other school which said child is by law entitled to 
attend. 

§ 4. Any person having control of a child who, with intent to 
evade the provisions of this act, shall make a false statement con- 
cerning the age of the child, or the time such child has attended 
school, shall for such offense forfeit a sum of not less than three dol- 
lars ($3) nor more than twenty dollars ($20) for the use of the public 
schools in such city, town, village or district. (As amended by act 
approved May 13, 1903.) 

§ 5. Any fine and penalty mentioned in this act may be sued for 
and recovered before any court of record or justice of the peace of 
the proper county, in the name of the People of the State of Illinois, 
for the use of the public schools of the city, town, village or district 
in which said child resides. 

Appeoved June 11, 1897. 



361 

STATE teachers' ASSOCIATION. 

An Act to authorize the Secretary of State to print the ])roceedings 
of the State Teachers^ Association. 

Section 1. Be it enacted by the People of the State of Illinois, 
represented in the General Assembly: That the Secretary of State 
is hereby authorized and empowered to have the proceedings of the 
Illinois State Teachers' Association printed and bound on the same 
terms as the proceedings of other State boards are printed. 

§ 2. It shall be the duty of the State Superintendent of Public 
Instruction to approve the manuscript of said proceedings before it 
is placed in the hands of the Secretary of State to be printed. 

§ 3 It is hereby made the duty of the Auditor of Public Ac- 
counts to draw his warrant on the State Treasurer, to be paid out of 
the appropriation for printing, upon a voucher properly certified to 
by the board of Commissioners of State Contracts. 

Approved May 11, 1901. 

teachers' pension fund. 

An Act to provide for the formation and disbursement of a public 
school teachers^ and public school employes'' pension and retire- 
ment fund in cities having a population exceeding one hundred 
thousand inhabitants. 

Section 1. Be it enacted by the People of the State of Illiijois, 
represented in the General Assembly : That the board of education 
in cities having a population exceeding 100,000 inhabitants, shall 
have power, and it shall be the duty of said board to create a public 
school teachers' and public school employes' pension and retirement 
fund, and for that purpose set apart the following moneys, to- wit: 

1. An amount not exceeding 1 per cent per annum of the respect- 
ive salaries paid to teachers and school employes elected by such 
board of education, which amount shall be deducted in equal install- 
ments from said salaries at the regular times for the payment of such 
salaries. 

2. All moneys received from donations, legacies, gifts, bequests, 
or otherwise, on account of said fund. 

3. All moneys which may be derived from any and all sources: 
Provided^ however., that no tax shall ever be levied for said fund. 

4. Any public school teacher or public school employe, a part of 
whose salary is now or may hereafter be set apart to iDrovide for the 
fund herein created by this act, may be releasfd from the necessities 
of making further payments to said fund by filing a written notice of 
his or her desire to withdraw from complying with the provisions of 
this act, with said board of trustees, which said resignation shall 
operate and go into efPect immediately upon its receipt by said board 
of trustees. (As amended by act approved May 11, 1901.) 



362 

§ 2. The board of education, together with the superintendent of 
schools, and two representatives to be selected annually by the 
teachers and employes of the public schools under control of said 
board, shall form a board of trustees, a majority of whom shall deter- 
mine the amount to be deducted from the salaries paid to teachers 
and employes as aforesaid, and shall have charge of, and administer 
said fund, and shall have power to invest the same as shall be deemed 
most beneficial to said fund, in the same manner and subject to the 
same terms and conditions as township treasurers are permitted to 
invest school funds in article four (4) of an act entitled, "An act to 
establish and maintain a system of free schools," in force May 21, 
1889, and shall have power to make payments from said fund of an- 
nuities granted in pursuance of this act, and shall from time to time 
make and establish such rules and regulations for the administration 
of said fund as they shall deem best. 

§ 3. Said board of education shall have power, by a majority vote 
of all its members, to retire any female teacher or other female school 
employe who shall have taught in public schools or rendered service 
therein for a period aggregating twenty years; and any male teacher or 
male school employe who shall have taught or rendered service for a 
period aggregating twenty-five years, and such teacher or school em- 
ploye also shall have the right after said term of service to retire and 
become a beneficiary under this act : Provided, however, that three- 
fifths of said term of service shall have been rendered by said bene- 
ficiary within the limits of the municipality where said board of 
education has jurisdiction. 

§ 4. Each teacher and school employe so retired or retiring shall 
thereafter be entitled to receive as an annuity one-half of the annual 
salary paid to said teacher or employe at the date of such retirement, 
said annuity to be paid monthly during the school year: Provided, 
however, that such annuity shall not exceed the sum of six hundred 
dollars (|600), which shall be paid by said board of education out of 
the fund created in accordance with this act in the manner provided 
by law for the payment of salaries. 

§ 5. Said board of trustees is hereby given the power to use both 
the principal and the income of said fund for the payment of annui- 
ties hereinbefore mentioned, and shall have power to reduce, from 
time to time, the amount of all annuities: Provided, that such re- 
duction shall be at the same rate in all cases. 

§ 6. The president and secretary of such board of education shall 
certify monthly to the city treasurer all amounts deducted from the 
salaries of teachers, special teachers, principals and employes of the 
board of education in accordance with the provisions of this act, 
which amounts, as well as other moneys contributed to said fund, 
shall be set apart and held by said treasurer as a special fund for the 
purpose hereinbefore specified, subject to the order of said board of 
education, superintendent of schools, and two representatives, as 
aforesaid, and shall be paid upon warrants signed by the president 
and secretary of said board of education. 



363 

§ 7. The city treasurer shall be custodian of said pension fund, 
and shall secure and safely keep the same subject to the control and 
direction of said board of trustees, and shall keep his books and ac- 
counts concerning said fund in such a manner as may be prescribed 
by the said board. And said books and accounts shall always be sub- 
ject to the inspection of the said board or any member thereof. The 
treasurer shall, within ten days after his election or appointment, 
execute a bond to the city, with good and sufficient securities, in 
such penal sum as the board shall direct, to be approved by the said 
board, conditioned for the faithful performance of the duties of his 
office, and that he will safely keep and well and truly account for all 
moneys and profits which may come into his hands as such treasurer, 
and that on the expiration of his term of office he will surrender and 
deliver over to his successor all unexpended moneys and all property 
which may come into his hands as treasurer of such fund. Such 
bond shall be filed in the office of the clerk of such city, and in case 
of a breach of the same or the conditions thereof, suit may be 
brought on the same in the name of said city for the use of said 
board of trustees or of any person or persons injured by such breach. 

§ 8. No teacher or other school employ^ who has been or who 
shall have been elected by said board of education shall be removed 
or discharged except for cause upon written charges, which shall be 
investigated and determined by the said board of education whose 
action shall be final. If at any time a teacher or school emjsloye who 
is willing to continue is not re-employed or is discharged before the 
time when he or she would under the provisions of this act be enti- 
tled to a pension, then such teacher or school employe shall be paid 
back at once all the money, with interest, he or she may have con- 
tributed under the law. 

Approved May 21, 1895. 

1. The board of education has sole power to investigate ard determine 
charges ag-ainst teachers and school employes involving their removal, but the 
civil service act of 1895 applies, in all other respects, to oiSces and places of 
employment under such board. Brenan v. The People, 176-620. 



WOMAN SUFFEAGE. 

An Act to entitle women to vote at any election held for- the pu7'pose 
of choosing any officer under the general or sp>ecial school lav)s of 
(his State. 

Section 1. Be it enacted hy the People of the State of Illinois, 
represented in the General AssemMy : Any woman of the age of 
21 years and upwards, belonging to either of the classes mentioned 
in article 7 of the Constitution of the State of Illinois, who shall 
have resided in this State one year, in the county 90 days, and in the 
election district 30 days preceding any election held for the purpose 
of choosing any officer of schools under the general or special school 
laws of this State, shall be entited to vote in such election in the 
school district of which she shall at the time have been for 30 days a 



364 

resident: Provided, any woman so desirous of voting at any sncli 
election shall have been registered in the same manner as provided 
for the registration of male voters. 

1. The act of 1891 authorizing- women to vote at school elections adopts 
only such of the qualifications prescribed for electors in section 1, article 7 
of the Constitution of 1870 as require such electors to be citizens of the 
United States above the ag-e of 31 years. Dorsey v. Brigham, 177-350. 

3. Women who have not resided in the county 90 days before an election 
for school officers, or who are under the age of 31 years at the time of such 
election, are not legal voters. Ibid. 

3. A woman who has resided in the county less than 90 days before an 
election for school officers is not entitled to vote although her husband has 
been such resident for the full period, as, while the husband's domicile is 
constructively the wife's actual residence is necessary. Ibid. 

4. An alien wliose husband has declared his intention to become a citizen 
of the United States, but who is not yet entitled to receive his naturalization 
papers, is not entitled to vote at an election for school officers. Ibid. 

5. Women above the age of twenty-one years are entitled to vote at an 
election of president and members of a board of education. Acherman v. 
Haenck, 147-514. 

6. A woman under the age of twenty-one is not entitled to vote at a school 
election. Collier v. Anlicker, 189-34. 

7. The statutory requirements of residence of one year in the State, ninety 
days in the county and thirty days in the election district apply to women 
voting at school elections. Ibid. 

8. Women who have not resided in the county where a school district is 
situated, for ninety days preceding the election for school director are not 
entitled to vote. Ibid. 

9. The act to entitle v^^omen to vote at any election held for the purpose of 
choosing any officer under the general or special school laws of this State, 
approved June 19, 1891, is held to authorize women to vote at any election for 
school officers, except that of superintendent of public instruction and the 
county superintendent of schools. People v. English, 139-633; Plummer v. Yost, 
144-68. 

10. The obvious purpose of this act was to permit women to vote for school 
officers, and caution was used to prevent their voting to fill other offices 
which might be included on the ballots cast by men at the same election. It 
ia ti-ue the act does not in express terms forbid women voting on a proposi- 
tion submitted at said election, but neither does it expressly or by any fair 
implication permit them to do so. The sole purpose of this act was to per- 
mit women to vote for school officers. People v Welsh, 70A-641. 

§ 2 Whenever the election of public school officers shall occur 
at the same election at which other public officers are elected, the 
ballot offered by any women entitled to vote under this act shall not 
contain the name of any person to be voted for at such elections, ex- 
cept such officers of public schools, and such ballots shall all be de- 
posited in a separate ballot box, but canvassed with other ballots 
cast for school officers at such election. 

Appeoved June 19, 1891. 



365 



APPENDIX. 



UNIVERSITY OF ILLINOIS. 

An Act to change the name of the Illinois Industrial University . 

Section 1. Be it enacted by the People of the State of Illinois, 
represented in the General Assembly : That the Illinois Industrial 
University, located at Urbana, in Champaign county, shall, after the 
passage of this act, be known as the University of Illinois, and under 
that name and title shall have, iwssess, be seized of and exercise all 
rights, privileges, franchises and estates which have hitherto be- 
longed to, or may hereafter inure to, the said Illinois Industrial Uni- 
versity. 

Approved June 19, 1885. 

1. The University of Illinois is not exempt from suit on the ground that it 
is a mere agency of the State, as its charter expressly provides that it may sue 
and be sued, plead and be impleaded. University of Illinois v. Briiner, 175-307; 
University of Illinois v. Brimrr, 66A-685, athrmed. 

2. A contract whereby one agrees to teach in an institution of learning at a 
fixed salary a year cannot be said, as a matter of law, to give that institution 
the exlcusive right to the teacher's services for the full twelve months in the 
absence of any showing that such was the understanding. Ibid. 

university scholarships. 
An Act to provide for scholarships in the University of Illinois. 

Section 1. Be it enacted by the People of the State of Illinois, 
represented in the General Assembly : That in order to equalize 
the advantages of the University of Illinois, there shall be awarded, 
annually, to each county, one scholarship, which shall entitle the 
holder thereof to gratuitous instruction in the University of Illinois, 
for a period of four years. 

§ 2. The county superintendent shall receive and register the 
names of all applicants for such scholarships, and shall hold an exam- 
ination on the first Saturday of J une of each year, according to rules 
and regulations prescribed by the president of the University and the 
student found to possess the highest qualifications shall be entitled 
to such scholarship: Provided, however^ that every applicant shall 
be at least sixteen years of age, and a resident in the county of which 
such examination is held: And, provided^ further, that no student 
who has attended the University of Illinois shall be eligible to such 
examination. 



866 

§ 3 The county superintendent shall return to the president of 
the University within ten days after such examination a list of the 
names of all applicants examined, the grades obtained, together v/ith 
the examination papers submitted by them; and the president of the 
University shall issue to the successful applicant a certificate of 
scholarship as directed by the provisions of this act : Provided, how- 
ever, that where no return is made from any county, the president of 
the University may assign to that county from some other county the 
student found to possess the next highest qualifications. 

§ 4. In addition to the scholarships provided for in section one, 
each member of the General Assembly is authorized to nominate and 
appoint, annually, one person of school age and otherwise eligible, from 
his district, who shall, by virtue of his appointment receive a certifi- 
cate of scholarship in the University. Each member of the General 
Assembly shall file with the president of the University on or before 
the first Saturday in June, the name and address of the student nom- 
inated by him to receive such scholarship. The candidate for such 
scholarship shall present himself for examination before the county 
superintendent in the county where such student resides, at the time 
stated in section two for the competitive examination. The president 
of the University shall prescribe the rules and regulations governing 
such examination: Provided, that in case the person named fails to 
pass the required examination for admission, then the president of 
said University shall at once notify the member making the appoint- 
ment, who may name another person for such scholarship: And, pro- 
vided, further, that if the member of the General Assembly shall so 
elect, the scholarship under his control may be awarded by competi- 
tive examination conducted under like rules as prescribed in section 
two of this act. 

§ 5. Any scholarship issued under the provisions of this act shall 
exempt the holder from the payment of tuition, or any matriculation, 
term or incidental fee whatsoever, except for purchase of laboratory 
supplies and similar fees for supplies and materials. Provided, how- 
ever, that such student shall be subject to all examinations, rules and 
requirements of the board of trustees and faculty, except as herein 
directed: And, provided, further, that the privileges of these scholar- 
ships shall not be available in the i)rofessional schools and colleges of 
the University. And, provided, further, that this act shall not be 
construed to prohibit the board of trustees from granting other schol- 
arships. 

§ 6. Any student holding a scholarship, who shall make it appear 
to the satisfaction of the president of the University that he requires 
leave of absence for the purpose of earning funds to defray his ex- 
penses while in attendance, may be granted such leave of absence, 
and may be allowed a period not to exceed six years to complete his 
course at the University. 

§ 7. An act to provide for State scholarships in the University of 
Illinois, and in the manner of awarding the same, approved June 24, 
1895, is hereby repealed. 

Appeoved May 12, 1905. 



367 



NORMAL UNIVEESITY. 



An Act for the establishment and maintenance of a Normal Uni- 
versity. 

Section 1. Be it enacted by the People of the State of Illinois, 
represented in the General Assembly : That 0. B. Denio of Jo Da- 
viess county, Simeon Wright of Lee county, Daniel Wilkins of Mc- 
Lean county, C. E. Hoyey of Peoria county, George B. Rex of Pike 
county, Samuel W. Moulton of Shelby county, John Gillespie of Jas- 
per county, George Bunsen of St. Clair county, Wesley Sloan of Pope 
county, Ninian W. Edwards of Sangamon county, John Eden of 
Moultrie county, Flavel Mosley of Cook county, William H. Wells of 
Cook county, Albert R. Shannon of White county, and the Superin- 
tendent of Public Instruction, ex officio, with their associates, who 
shall be elected as herein provided, and their successors are hereby 
created a body corporate and politic, to be styled the "Board of Edu- 
cation of the State of Illinois," and by that name and style shall have 
perpetual succession, and have power to contract and be contracted 
with, t6 sue and be sued, to plead and be impleaded, to acquire, hold 
and convey real and personal property; to have and use a common 
seal, and to alter the same at pleasure; to make and establish by-laws 
and alter or repeal the same as they shall deem necessary for the gov- 
ernment of the normal university hereby authorized to be established, 
or any of its departments, officers, students or employes, not in con- 
flict with the Constitution and laws of this State or of the United 
States; and to have and exercise all powers, and be subject to all 
duties usual and incident to trustees of corporations. 

§ 2. The Superintendent of Public Instruction, by virtue of his 
office, shall be a member and secretary of said board, and shall report 
to the legislature at its regular sessions the conditions and expendi- 
tures of said normal university, and communicate such further in- 
formation as the said board of education or the legislature may direct. 

§ 3. No member of the board of education shall receive any com- 
pensation for attendance on the meetings of the board, except his 
necessary traveling expenses, which shall be paid in the same man- 
ner as the instructors employed in the said normal university shall 
be paid. At all the stated and other meetings of the board, called 
by the president and secretary, or any five members of the board, five 
members shall constitute a quorum, provided all shall have been duly 
notified. 

§ 4. The objects of the said normal university shall be to qualify 
teachers for the common schools of this State, by imparting instruc- 
tion in the art of teaching, and in all branches of study which pertain 
to a common school education; in the elements of the natural 
sciences, including agricultural chemistry, animal and vegetable 
physiology; in the fundamental laws of the United States and of the 
State of Illinois, in regard to the rights and duties of citizens, and 
such other studies as the board of education may, from time to time, 
prescribe. 



368 

1. Normal schools are public institutions, which the State has a rig-ht to 
establish and maintain. The purpose of their establishment is to advance 
the public school system and create a body of teachers better qualified for the 
purpose of carrying out the policy of the State with reference to free schools, 
and provide for a more thorough and efficient system of schools, whereby all 
the children of this State may receive a good common school education. 
Boehm v. Hertz, 182-154. 

§ 5. The board of education shall hold its first meeting at the 
office of the Superintendent of Public Instruction, on the first Tues- 
day in May next, at which meeting they shall appoint an agent, fix- 
ing his compensation, who shall visit the cities, villages and other 
places in the State, which may be deemed eligible for the purpose, to 
receive donations and proposals for the establishment and mainte- 
nance of the normal university. The board shall have power, and 
it shall be their duty to fix the permanent location of said normal 
university, at the place where the most favorable inducements are 
offered for that purpose: Provided, that such location shall not be 
difficult of access, or detrimental to the welfare and prosperity of said 
normal university. 

§ 6. The board of education shall appoint a principal, lecturer on 
scientific subjects, instructors and instructresses, together with such 
other officers as shall be required in the said normal university; fix 
their respective salaries and prescribe their several duties. They 
shall also have power to remove any of them for proper cause, after 
having given ten days' notice of anj'^ charge, which may be duly pre- 
sented, and reasonable opportunity of defense. They shall also pre- 
scribe the text books, apparatus and furniture to be used in the 
university, and provide the same; and shall make all regulations 
necessary for its management. And the said board shall have power 
to recognize auxiliary institutions when deemed practicable: Pro- 
vided, that such auxiliary institutions shall not receive any appropri- 
tion from the treasury, or the seminary or university fund. 

******* 

§ 8. The interest of the university and seminary fund, or such 
part thereof as may be found necessary, shall be and is hereby ap- 
propriated for the maintenance of said normal university, and shall 
be paid on the order of the Board of Education from the treasury of 
the State, but in no case shall any part of the interest of said fund 
be applied to the purchase of sites, or for buildings for said uni- 
versity. 

§ 9. The board shall have power to appropriate the one thousand 
dollars received from the Messrs. Merriam, of Springfield, Massachu- 
setts, by the late superintendent, to the purchase of apparatus for the 
use of the normal university, when established, and hereafter all 
gifts, grants and demises which may be made to the said normal uni- 
versity shall be applied in accordance with the wishes of the donors 
of the same. 

§ 10. The board of corporators herein named, and their succes- 
sors, shall each of them hold their office for the term of six years: 
Provided, that at the first meeting of said board the said corporators 
shall determine by lot, so that one-third shall hold their office for two 



369 

years, one-third for four years, and one-third for six years. The Gov- 
ernor, by and with the advice and consent of the Senate, shall fill all 
vacancies which shall, at any time, occur in said board, by appoint- 
ment of suitable persons to fill the same. 

§ 11. At the first meeting of the board, and at each biennial 
meeting thereafter, it shall be the duty of said board to elect one of 
their number president, who shall serve until the next biennial meet- 
ing of the board, and until his successor is elected. 

§ 12. At each biennial meeting, it shall be the duty of the board 
to appoint a treasurer, who shall not be a member of the board, and 
who shall give bond with such security as the board may direct, con- 
ditioned for the faithful discharge of the duties of his office. 

§ VS. This act shall take effect on and after its passage, and be 
published and distributed as an appendix to tTie school law. 

Approved Feb. 18, 1857. 

SOUTHEEN ILLINOIS NOEMAL UNIVEESITY. 

An Act to establish and maintain the Southern Illinois Normal 

University. 

Section 1. Be it enacted by the People of the State of Illinois, 
represented in the General Assembly: That a body politic and cor- 
porate is hereby created, by the name of the Southern Illinois Nor- 
mal University, to have perpetual succession, with power to contract 
and be contracted with, to sue and be sued, to plead and be im- 
pleaded, to receive by any legal mode of transfer or conveyance, 
property of any description, and to have, hold and enjoy the same, 
with the rents and profits thereof, and to sell and convey the same; 
also to make and use a corporate seal with power to break or change 
the same, and to adopt by-laws, rules and regulations for the govern- 
ment of its members, officers, agents and employes: Provided, such 
by laws shall not conflict with the Constitution of the United States, 
or the laws of this State. 

§ 2. The objects of the said Southern Illinois Normal University 
shall be to qualify teachers for the common schools of this State by 
imparting instruction in the art of teaching in all branches of study 
which pertain to a common school education, in the elements of the 
natural sciences, including agricultural chemistry, animal and vege- 
table physiology, in the fundamental laws of the United States, and 
of the State of Illinois, in regard to the rights and duties of citizens, 
and such other studies as the board of education may, from time to 
time, prescribe. 

1. A normal university enters into our plan of education, wherein teach- 
ers of our youth shall be taught how best and most efEeetually to discharge 
their duty. Burr v. Carbondale, 76-455. 

§ 3. The powers of said corporation shall be vested in, and its 
duties performed by, a board of trustees, not exceeding five in num- 
ber, to be appointed as hereinafter provided. 

—24 S L 



370 

§ 4. Upon the passage of this act, the Governor shall nominate 
and, by and with the advice of the Senate, appoint five citizens of 
the State as trustees of said institution, two of whom shall serve for 
two years and three for four years, and until their successors are ap- 
pointed and enter on duty, and successors in each class shall be 
appointed in like manner for four years: Provided, that in case of 
a vacancy by death or otherwise, the Governor shall appoint a suc- 
cessor for the remainder of the term vacated: Provided, that not 
more than two members of said board shall be residents of any one 
county. 

§ 5. The said trustees shall hold their first meeting at Centralia, 
within one month after the passage of this act, at which meeting 
they shall elect one of their body as president and another as secre- 
tary ; and cause a regular record to be made and kept of all their pro- 
ceedings. The said board shall also, whenever his services shall be 
required, appoint a treasurer not a member of the board, who shall 
give bonds to the People of the State of Illinois in double the amount 
of the largest sum likely to come into his hands, the penalty to be 
fixed by the board, conditioned for the faithful discharge of his 
duties as treasurer, with two or more securities; the treasurer may 
also be required to execute bonds from time to time as the board may 
direct. 

§ 6. The treasurer shall keep an accurate account of all moneys 
received and paid out; the account for articles and supplies of every 
kind purchased shall be kept and reported, so as to show the kind, 
quantity and cost thereof. 

§ 7. No member, officer, agent or employ^ of the board shall be a 
party to or interested in any contract for materials, supplies or ser- 
vices other than such as to pertain to their positions and duties. 

§ 8. Accounts of this institution shall be stated and settled annu- 
ally with the Auditor of Public Accounts, or with such person or per- 
sons as may be designated by law for that purpose. And the trustees 
shall, ten days previous to each regular session of the General As- 
sembly, submit to the Governor a report of all their actions and pro- 
ceedings in the execution of their trust, with a statement of all ac- 
counts connected therewith, to be by the Governor laid before the 
General Assembly. 

§ 9. The said board shall meet quarterly at such place or places 
as may be agreed on, and, until the buildings are completed, as much 
oftener as may be necessary; and thereafter the meetings shall be at 
the university. 

§ 10. The trustees shall, as soon as practicable, advertise for pro- 
posals from localities desiring to secure the location of said normal 
university, and shall receive for not less than three months from the 
date of their first advertisement, proposals from points situated as 
hereinafter mentioned, to donate lands, buildings, bonds, moneys, or 
other valuable consideration, to the State in aid of the foundation 
and support of said university; and shall, at a time previously fixed 
by advertisement, open and examine such proposals, and locate the 
institution at such a point as shall, all things considered, offer the 



371 

most advantageous conditions. The land shall be selected south of 
the railroad, or within six miles north of said road, passing from St. 
Louis to Terre Haute, known as the Alton and Terre Haute raihoad, 
with a view of obtaining a good supply of water and other conveni- 
ences for the use of the institution. 

§ 1] . Upon the selection and securing of the land aforesaid, the 
trustees shall proceed to contiact for the erection of buildings in 
which to furnish educational facilities for such number of students 
as hereinafter provided for, together with the out- houses required for 
use, also for the improvement of the land so as to make it available 
for the use of the institution. The buildings shall not be more than 
two stories in height, and be constructed upon the most approved 
plan for use, shall front to the east, and shall be of sufficient capacity 
to accommodate not exceeding 300 students, with the officers and 
necessary attendants. The outside walls to be of hewn stone or 
brick, partition walls of brick, roofs of slate, and the whole buildings 
made tire-proof, and so constructed as to be warmed in the most 
healthy and economical manner, with ample ventilation in all its 
parts. The out-houses shall be so placed and constructed as to avoid 
all danger to the main buildings from lire originating in any one of 
them. The board shall appoint an honest, competent superintendent 
of the buildings and improvements aforesaid, whose duty it shall be 
to be always present during the progress of the work, and see that 
every stone, brick and piece of timber used is sound and properly 
placed, and whose right it shall be to require contractors and their 
employes to conform to his directions in executing their contracts: 
Proijided, however, that said board of trustees may appoint any one 
of their number such superintendent: And, provided, further, that 
the buildings aforesaid may be erected and improvements made under 
the direction of the board and its superintendent, without letting the 
same to contractors. 

§ 12. The said board of trustees shall appoint instructors and in- 
structresses, together with such other officers as may be required in 
the said normal university; fix their respective salaries and prescribe 
their several duties. They shall also have power to remove any of 
them for proper cause after having given ten days' notice of any 
charge which may be duly presented, and reasonable opportunity of 
defense. They shall also prescribe the text-books, apparatus and 
furniture to be used in the university and provide the same, and 
shall make all regulations necessary for its management. 

'o T^F ^ tT ^ ^ -^ 

§ 14. To enable the board of trustees to erect the buildings and 
make the improvements preparatory to the reception of pupils in said 
institution, and to supply the necessary furniture for the same, the 
sum of $75 000 is hereby appropriated out of the State treasury, pay- 
able on the orders of said board, as required for use, in sums not 
exceeding $1,000 per month. The first payment to be made on the 
first day of June next, and subsequent payments monthly thereafter, 



372 

but each successive order for subsequent payments shall be accom- 
panied by an account sustained by vouchers, showing to the satisfac- 
tion of the Auditor, the expenditure of the previous payment. 

§ 15. The expense of building, improving, repairing and supply- 
ing fuel and furniture, and the salaries or compensation of the trus- 
tees, superintendent, assistants, agents and employes, shall be a 
charge upon the State treasury; all other expenses shall be charge- 
able against pupils, and the trustees shall regulate the charges 
accordingly. 

§ 16. If the buildings and improvements herein provided for shall 
be ready for the reception of pupils before the next regular session 
of the General Assembly, the Governor is authorized to make orders 
on the Auditor, directing him to issue warrants at the end of each 
quarter of the fiscal year for amounts sufficient to pay the expenses 
chargeable against the State, and the Auditor shall issue warrants 
accordingly, which shall be paid by the Treasurer. 

§ 17. The trustees of this institution shall receive their personal 
and traveling expenses, and the Auditor is hereby authorized to issue 
his warrant quarterly, upon taking the affidavit of the trustees as to 
the actual time employed, and their personal and traveling expenses. 

§ 18. This act shall take effect and be in force from and after its 
passage. 

Approved March 9, 1869. 

NOETHEEN ILLINOIS STATE NOEMAL SCHOOL. 

An Act to establish and maintain the Northern Illinois State 

Normal School. 

Section 1. Be it enacted by the People of the State of Illinois, 
represented in the General Assembly: That a body politic and cor- 
porate is hereby created, by the name of the Northern Illinois State 
Normal School, to have perpetual succession, with power to contract, 
and be contracted with, to sue and be sued, to plead and be im- 
pleaded, to receive by any legal mode or transfer or conveyance prop- 
erty of any description, and to have and to hold and enjoy the same; 
also to make and use a corporate seal, with power to break or change 
the same, and adopt by-laws, rules and regulations for the govern- 
ment of its members, official agents and employes; Provided, such 
by-laws shall not conflict with the Constitution of the United States 
or of this State. 

§ 2. The object of the said Northern Illinois State Normal School 
shall be to qualify teachers for the common schools of this State by 
imparting instruction in the art of teaching in all branches of study 
which pertain to a common school education, in the elements of the 
natural and of the physical sciences, in the fundamental laws of the 
United States and of the State of Illinois, in regard to the rights and 
duties of citizens. 



373 

§ 8. The powers of the said corporation shall be vested in, and 
its duties performed by, a board of trustees, not exceeding five in 
number, to be appointed as hereinafter provided. 

§ 4. Upon the passage of this act, the Governor shall nominate, 
and by and with the advice of the Senate, appoint five citizens of the 
State as trustees of said institution, two of whom shall serve for two 
years, and three for four years, and until their successors are ap- 
XDointed and enter on duty, and successors in each class shall be 
appointed in like manner for four years: Provided, that in case of a 
vacancy by death or otherwise, the Governor shall appoint a suc- 
cessor for the remainder of the term vacated: Provided, that no two 
members of said board shall be residents of any one county, or in on» 
congressional district. The Superintendent of Public Instruction 
shall be a trustee of this school, ex officio. 

§ 5. The said trustees shall hold their first meeting at 

, within a month from the time this act goes into 

effect, at which meeting they shall select one of their body as presi- 
dent and another as secretary, and cause a regular record to be mad« 
and kept of all their proceedings. The said board shall also, when- 
ever his services shall be required, appoint a treasurer, not a member 
of the board, who shall give bond to the People of the State of Illi- 
nois in double the amount of the largest sum likely to come into his 
hands, the penalty to be fixed by the board, conditioned for the faith- 
ful discharge of his duties as treasurer, with two or more securities; 
the treasurer may also be required to execute bonds from time to time 
as the board may direct. 

§ 6. The treasurer shall keep an accurate account of all moneys 
received and paid out ; the account for articles and supplies of every 
kind purchased shall be ke]pt and reported, so as to show the kind, 
quantity and cost thereof. 

§ 7. No member, ofiicer, agent or employe of the board shall be a 
party to or interested in any contract for materials and supplies, 

§ 8. Accounts of this institution shall be stated and settled an- 
nually with the Auditor of Public Accounts, or with such person or 
persons as may be designated by law for that purpose. And the trus- 
tees shall, ten days previous to each regular session of the General 
Assembly, submit to the Governor a report of all their actions and 
proceedings in the execution of their trust, with a statement of all 
accounts connected therewith, to be by the Governor laid before the 
General Assembly. 

§ 9. The said board shall meet quarterly at such place or places 
as may be agreed on, and, until the buildings are completed, as much 
oftener as may be necessary, and thereafter the meetings shall be at 
the school. 

§ 10. The trustees shall, as soon as practicable after their appoint- 
ment, arrange to receive from the localities desiring to secure the 
location of said school, proposals for the donation of a site, of not 
less than forty acres of ground, and other valuable considerations, 
and shall locate the same in the place offering the most advantageous 



374 

conditions, all things considered, as nearly central as possible in that 
portion of the State lying north of the main line of the 0. R. I. & P 
R. R., with a view of obtaining a good wat<!r supply and other conve- 
niences for the use of the institution. 

§ 11. Upon the selection and securing of the land aforesaid, the 
trustees shall proceed to secure plans and to contract for the erection 
of buildings in which to furnish educational facilities for such num- 
ber of students as hereinafter provided for, together with the out- 
houses required for use, also for the improvement of the land so as 
to make it available for the use of the institution. The building 
shall not be more than two stories in height, and be constructed upon 
the most approved plan for use, and shall be of sufficient capacity to 
accommodate not less than one thousand students, with the officers 
and necessary attendants. The outside walls to be of hewn stone 
or brick ; partition walls of brick, or equally good fire-proof materia 1 ; 
roof of slate, and the whole buildings made fire-resisting, and so con- 
structed as to be warmed in the most healthful and economical man- 
ner, with ample ventilation in all its parts. The out-houses shall be 
so placed and constructed as to avoid all danger to the main build- 
ings from fire originating in any one of them. The board shall 
appoint a trustworthy and competent superintendent of the buildings 
and improvements aforesaid, whose duty it shall be to be always 
present during the progress of the work and see that every brick, 
stone and piece of timber used is sound and properly placed, and 
whose right it shall be to require contractors and their employes to 
conform to his directions in executing their contracts: Provided, 
hoioevcr, that said board of trustees shall not appoint any one of 
their number such superintendent: And, provided, further, that the 
buildings aforesaid may be erected and improvements made under the 
direction of the 'board and superintendent without letting the same 
to contractors. 

§ 12. The said board of trustees shall appoint instructors, together 
with such other officers as may be required in the said normal schools, 
fix their respective salaries and prescribe their several duties. They 
shall also have power to remove any of them for proper cause, after 
having given ten days' notice of any charge which may be duly pre- 
sented, and reasonable opportunity of defense. They shall also 
prescribe the text books, apparatus and furniture to be used in the 
school and provide the same, and shall make all regulations necessary 
for this management. 

******* 

§ 14. To enable the board of trustees to erect the building and 
make the improvements preparatory to the reception of pupils in said 
institution, to supply the necessary furniture for the same, and for 
the first year's instruction, the sum of $50,000 is hereby appropriated 
out of the State treasury, payable on the orders of said board, as re- 
quired for use, in sums not exceeding $10,000 per month, the first 
payment to be made on the first day of July, 1896, and subsequent 



375 

payments shall be accompanied by an account, sustained by vouchers, 
showing to the satisfaction of the Auditor the expenditure of the 
previous payment, and approved by the Governor. 

§ 15. The expense of the building, improving, repairing and 
supplying fuel and furniture, and the necessary appliances and ap- 
paratus for conducting said school, and the salaries or compensation 
of the trustees, superintendent, assistants, agents and employes 
shall be a charge upon the State treasury; all other expenses shall be 
chargeable against pupils, and the trustees shall regulate the charges 
accordingly. 

§ 16. If the buildings and improvements herein provided for shall 
be ready for the reception of pupils before the next regular session of 
the General Assembly, the Governor is authorized to make orders on 
the Auditor, directing him to issue warrants at the end of each quarter 
of the fiscal year for amounts sufficient to pay expenses chargeable 
against the State out of the above named appropriation of $50,000, 
and the Auditor shall issue warrants accordingly, which shall be paid 
by the treasurer. 

§ 17. The trustees of this institution shall receive their personal 
and traveling expenses, and the Auditor is hereby authorized to issue 
warrants quarterly, upon taking the affidavit of the trustees as to the 
actual time employed, and their personal and traveling expenses. 

Appeoved May 22, 1895, 

EASTERN ILLINOIS STATE NORMAL SCHOOL. 

A.V Act to establish and maintain the Eastern Illinois State 

Normal School. 

Section 1. Be it enacted hy the People of the State of Illinois, 
represented in the General Assembly: That a body politic and 
corporate is hereby created, by the name of the Eastern Illinois 
State Normal School, to have perpetual succession with power to 
contract and be contracted with, to sue and be sued, to plead and be 
impleaded, to receive by any legal mode or transfer or conveyance 
property of any description, and to have and hold and enjoy the 
same; also to make and use a corporate seal with power to break or 
change the same, and adopt by-laws, rules and regulations for the 
government of its members, official agents and employes: Provided, 
such by-laws shall not conflict with the Constitution of the United 
States or of this State. 

§ 2. The object of the said Eastern Illinois State Normal School 
shall be to qualify teachers for the common schools of this State by 
imparting instruction in the art of teaching in all branches of study 
which pertain to a common school education; in the elements of the 
natural and of the physical sciences; in the fundamental laws of the 
United States and of the State of Illinois, in regard to the rights and 
duties of citizens. 

§ 8. ■ The powers of the said corporation shall be vested in, and 
its duties performed by, a board of trustees, not exceeding five in 
number, to be appointed as hereinafter provided. 



376 

§ 4. Upon the passage of this act, the Governor shall nominate 
and, by and with the advice of the Senate, shall appoint five citizens 
who shall be residents of the State of Illinois, as trustees of said in- 
stitution, two of whom shall serve for two years and three for four 
years, and until their successors are appointed and enter on duty; 
and successors in each class shall be appointed in a like manner for 
four years: Provided, that in case of a vacancy by death or other- 
wise, the Governor shall appoint a successor for the remainder of the 
term vacated: Provided, that no two members of said board shall be 
residents of any one county. The Superintendent of Public Instruc- 
tion shall be a trustee of said school, ex officio. (As amended bv act 
approved Feb. 18, 1897.) 

1. The appointment of normal school trustees by the Governor is not in- 
valid if made before the act creating the office goes into effect, but after it 
has been approved and signed, v^^here the Constitution provides that on such 
approval and signing, the act shall thereupon become a law. People v. 
Inglis, 161-256. 

2. A statute making the Superintendent of Public Instruction ex officio a 
trustee of a normal school, merely enlarges the duties of his office, and does 
not violate section 5, article 5 of the Constitution, making him ineligible to 
any other office. Ibid. 

3. The proviso that no two members of the board of trustees of a normal 
school shall be residents of any one county, does not have any application to 
the Superintendent of Public Instruction, who is an ex officio member of said 
board. Ibid. 

§ 5. The said trustees shall hold their first meeting at. 

within one month from the time this act goes into effect, at which 
meeting they shall elect one of their body as president and another 
as secretary, and cause a regular record to be made and kept of all 
their proceedings. The said board shall also, whenever his services 
shall be required, appoint a treasurer, not a member of the board, 
who shall give bonds to the People of the State of Illinois in double 
the amount of the largest sum likely to come into his hands, the 
penalty to be fixed by the board, conditioned for the faithful dis- 
charge of his duties as treasurer, with two or more securities; the 
treasurer may also be required to execute bonds from time to time as 
the board may direct. 

§ 6. The treasurer shall keep an accurate account of all moneys 
received and paid out ; the account for articles and supplies of every 
kind purchased shall be kept and reported, so as to show the kind, 
quantity and cost thereof. 

§ 7. No member, officer, agent or employ 6 of the board shall be a 
party to, or interested in, any contract for materials or supplies. 

§ 8. Accounts of this institution shall be stated and settled an- 
nually with the Auditor of Public Accounts, or with such person or 
persons as may be designated by law for that purpose. And the 
trustees shall, ten days previous to each regular session of the Gen- 
eral Assembly, submit to the Governor a report of all their actions 
and proceedings in the execution of their trust, with a statement of 
all accounts connected therewith to be by the Governor laid before 
the General Assembly. 



377 

§ 9. The said board shall meet quarterly at such place or places 
as may be agreed on and, until the buildings are completed, as much 
oftener as may be necessary, and thereafter the meetings shall be at 
the school. 

§ 10. The trustees shall, as soon as practicable after their ap- 
pointment, arrange to receive from the localities desiring to secure 
the location of said school, proposals for donation of site, of not 
less than forty acres of ground, and other valuable considerations, 
and shall locate the same in the place offering the most advantageous 
conditions, all things considered, in that portion of the State lying 
north of the Baltimore & Ohio Southwesteria railroad, and south of 
the Wabash railway, and east of the main line of the Illinois Cen- 
tral railroad, and the counties through which said roads run, with a 
view of obtaining a good water supply and other conveniences for 
the use of the institution. 

§ 11. Upon the selection and securing of the land aforesaid, the 
trustees shall proceed to secure plans, and to contract for the erec 
tion of buildings in which to furnish educational facilities for such 
number of students as hereinafter provided for, together with the 
outhouses required for use; also for the improvement of the land so 
as to make it available for the use of the institution. The buildings 
shall not be more than two stories in height, and be constructed upon 
the most approved plans for use, and shall be of sufficient capacity 
to accommodate not less than 1,000 students with officers and neces- 
sary attendants. The outside walls to be hewn stone or brick, parti- 
tion walls of brick, or equally good fire-proof material; roof of slate, 
and the whole building made fire-resisting, and so constructed as to 
be warmed in the most healthful' and economical manner, with ample 
ventilation in all its parts. The out houses shall be so placed and 
constrmcted as to avoid all danger to the main buildings from fire 
originating in any one of them. The board shall appoint a trust- 
worthy and competent superintendent of the buildings and improve- 
ments aforesaid, whose duty it shall be to be always present during 
the progress of the work, and see that every brick, stone or piece of 
timber used is sound and properly placed, and whose right it shall 
be to require contractors and their employes to conform to his direc- 
tions in executing their contracts: Provided, however, that said 
board of trustees shall not appoint any one of their number such 
superintendent: And, provided, further, that the buildings afore- 
said may be erected and improvements made under the direction of 
the board and superintendent, without letting the same to contrac- 
tors. 

§ 12. The said board of trustees shall appoint instructors, together 
with such other officers as may be required in the said normal schools, 
fix their respective salaries and prescribe their several duties. They 
shall also have power to remove any of them for proper cause after 
having given ten days' notice of any charge which may be duly pre- 
sented, and reasonable opportunity of defense They shall also pre- 



378 

scribe the text-books, apparatus and furniture to be used in the 
school, and provide the same, and shall make all regulations neces- 
sary for this management. 



§ 14. To enable the board of trustees to erect the buildings and 
make the improvements preparatory to the reception of pupils in 
said institution, to supply the necessary furniture for the same, and 
for the first year's instruction, the sum of $50,000 is hereby appro- 
priated out of the State treasury, payable on the orders of said board, 
as required for use, in sums not exceeding $10,000 per month; the 
first payment to be made on the first day of July, 189f5, and subse- 
quent payments shall be accompanied by an account, sustained by 
vouchers, shoA^ing to the satisfaction of the Auditor and with the 
approval of the Governor, the expenditure of the previous payment. 

§ 15. The expense of the building, improving, repairing and sup- 
plying fuel and furniture, and the necessary appliances and appara- 
tus for conducting said school, and the salaries or compensation of 
the trustees, superintendent, assistants, agents and employes, shall 
be a charge ujaon the State treasury; all other expenses shall be 
chargeable against pupils and the trustees shall regulate the charges 
accordingly. 

§ 16. If the buildings and improvements herein provided for shall 
be ready for the reception of pupils before the next regular session of 
the General Assembly, the Governor is authorized to make orders on 
the Auditor, directing him to issue warrants at the end of each quarter 
of the fiscal year for amounts sufficient to pay expenses chargeable 
against the State out of the above named appropriation of $50,000, 
and the Auditor shall issue warrants accordingly, which shall be paid 
by the Treasurer. 

§ 17. The trustees of the institution shall receive their personal 
and traveling expenses, and the Auditor is hereby authorized to issue 
warrants quarterly upon taking the affidavit of the trustees as to the 
actual time employed, and their personal and traveling expenses. 

Approved May 22, 1895. 

WESTERN ILLINOIS STATE NORMAL SCHOOL. 

An Act to establish and maintain the Western Illinois State Normal 

School. 

Section 1. Be it enacted by the People of the State of Illinois, 
represented in the General Assembly: That a body politic and cor- 
porate is hereby created, by the name of the Western Illinois State 
Normal School, to have perpetual succession, with power to contract 
and be contracted with, to sue and be sued, to plead and be impleaded, 
to receive by any legal mode of transfer or conveyance, property of 
any description, and to have and hold and enjoy the same; also, to 
make and use a corporate seal, with power to break or change the 
same; to adopt by-laws, rules and regulations for the government of 



'379 

its members, official agents and employes. Provided, such by-laws 
shall not conflict with the Constitution of the United States or of this 
State. 

§ 2. The object of the said Western Illinois State Normal School 
shall be to qualifiy teachers for the common schools of this State by 
imparting instruction in the art of teaching in all branches of study 
which pertain to a common school education, and such other studies 
as the board of trustees may. from time to time prescribe. 

§ 8. The powers of the said corporation shall be vested in, and its 
duties performed by, a board of trustees not exceeding five in number, 
to be appointed as hereinafter provided. 

§ 4. Upon the passage of this act the Governor shall nominate, 
and by and with the advice of the Senate appoint, five citizens of the 
State as trustees of said institution, two of whom shall serve for two 
years, and three for four years, and until their successors are ap- 
pointed and enter on duty; and successors in each class shall be 
appointed in like manner for four years: Provided, however, that 
in Cfise of a vacancy by death or otherwise, the Governor shall ap- 
point a successor for the remainder of the term vacated: And, pro- 
vided, further, that no two members of said board of trustees shall be 
residents of any one county. The Superintendent of Public Instruc- 
tion shall be a trustee of said school, ex officio. 

§ 5. The board of trustees shall hold their first meeting at , 

within one month from the time this act goes into effect, at which 
m.eeting they shall elect one of their body president, another secre- 
tary, and cause a regular record to be made and kept of all their pro- 
ceedings. The board of trustees shall also appoint a treasurer, not a 
member of said board, who shall give bonds to the People of the State 
of Illinois in double the amount of the largest sum likely to come 
into his hands, the penalty to be fixed by the board of trustees, con- 
ditioned for the faithful discharge of his duties as treasurer, with two 
or more persons as securities. 

§ 6. The treasurer shall keep an accurate account of all moneys 
received and paid out; the account for articles and supplies of every 
kind purchased shall be kept and reported, so as to show the kind, 
quantity and cost thereof. 

§ 7. No member, ofiicer, or agent of the board of trustees shall be 
a party to or interested in any contract for materials and supplies. 

§ 8. Accounts of this institution shall be stated and settled an- 
nually with the Auditor of Public Accounts. The board of trustees 
shall, ten days previous to each regular session of the General As- 
sembly, submit to the Governor a report of all their actions and pro- 
ceedings in the execution of their trust, with a statement of all ac- 
counts connected therewith, to be by the Governor laid before the 
General Assembly. 

§ 9. The board of trustees shall meet quarterly at such place or 
places as may be agreed on, and, until the building is completed, as 
much oftener as may be necessary, but thereafter the meetings shall 
be at the school. 



380 

§ 10. The board of trustees shall, as soon as practicable after 
their appointment, arrange to receive from the localities desiring to 
secure the location of said school, proposals for donation of a suit- 
able site and other valuable considerations, and shall locate the same 
in the place oifering the most advantageous conditions, all things 
considered, as nearly central as possible in that portion of the State 
lying west of the fourth principal meridian, in what is known as the 
Military Tract, with a view to obtaining a good water supply and other 
conveniences for the use of said institution. 

§ 11. Upon the selection and securing of the land aforesaid the 
board of trustees shall proceed to secure plans and to contract for 
the erection of a building in which to furnish educational facilities 
for such number of students as hereinafter provided for; also for th« 
improvement of the land, so as to make it available for the use of the 
institution. The building shall be constructed upon the most ap- 
proved plans for use, and shall be of sufficient capacity to accomo- 
date not fewer than 500 students, with the officers and necessary 
attendants. The outside walls to be of stone or brick, partition walls 
of brick, and the entire building made fire-resisting and so con- 
structed as to be warmed in the most healthful and economical man- 
ner, with ample ventilation in all its parts. Said plans shall be ac- 
companied by specifications and an itemized statement of the amount 
required for the erection and completion of the building in accord- 
ance therewith ; but no plans or specifications shall be adopted bj 
the board of trustees until the same shall have been submitted to and 
apijroved by the Governor. 

The board of trustees shall appoint a competent and trustworthy 
superintendent of the building and approvements aforesaid, whose 
duty it shall be to be present during the jjrogress of the work and to 
see that every brick, stone and piece of timber used is sound and 
properly placed, and whose right it shall be to require contractors 
and their employes to confirm to his directions in executing their 
contracts: Provided, hoivever, that said board of trustees shall not 
appoint any one of its number such superintendent: And, provided, 
further, that the building aforesaid may be erected and the improve- 
ments made under the direction of the board of trustees and superin- 
tendent without letting the same to contractors. 

§ 12. The board of trustees shall appoint instructors and such 
officers as may be required in said school, fix their respective salaries, 
prescribe their several duties, and shall have power to remove any of 
them for proper cause. It shall prescribe the text books, apparatus 
and furniture to be used in said school, and provide the same, and 
shall make all rules and regulations necessary for its management. 

******* 

§ 14. To enable the board of trustees to erect said building, to 
supply the necessary furniture for the same, to improve said laad 
and for the first year's instruction, the sum of $75,000 is hereby ap- 
propriated out of the State treasury, payable on the orders of said 
board of trustees as required for use, in sums not to exceed $10,000 
per month, the first payment to be made on the first day of July, 



381 

1900, and subsequent payments shall be accompanied by an account 
sustained by vouchers, showing to the satisfaction of the Auditor, 
and with the approval of the Governor, the expenditure of the pre- 
vious payment. 

§ 15. The expense of the building, improving, repairing and sup- 
plying fuel and furniture, the necessary apparatus for conducting 
said school, the salaries or compensation of the trustees, superintend- 
ents, assistants, agents and employes shall be a charge upon the 
State treasury; all other expenses shall be chargeable against the 
pupils of said school, and the board of trustees shall regulate the 
charges accordingly. 

§ 16. The trustees of said school shall receive only their personal 
and traveling expenses, and the Auditor is hereby authorized to is- 
sue warrants quarterly, upon presentation of itemized statements of 
such accounts by said trustees, verified by affidavits, as to their actual 
personal and traveling expenses. 

Appeoved April 24, 1899. 

NOEMAL SCHOLAESHIPS. 

An Act to provide for scholarships for graduates of the eighth grade. 

Section 1. Be it enacted by the People of the State of Illinois, 
represented in the General Assembly : That in order to equalize the 
advantages of the State normal schools, there shall be awarded an- 
nually to each school township, or fractional township, a scholarship 
which shall entitle the holder thereof to gratuitous instruction in any 
State normal school, for a period of four years: Provided, that any 
township having a population exceeding one hundred thousand in- 
habitants, shall be entitled to five scholarships. 

§ 2. The county superintendent shall receive and register the 
names of all applicants for such scholarships, and shall hold an ex- 
amination, or cause an examination to be held, in each township, for 
the benefit of graduates of the eighth grade: Provided, that where 
a township is divided by county lines, the county superintendent in 
whose county the sixteenth section is situate shall have charge of the 
examination in such township. 

§ 3. All examinations shall be held on the second Saturday of 
May in each year, according to rules and regulations prescribed by 
the Superintendent of Public Instruction, and the pupil found to 
possess the highest qualifications shall be entitled to such scholar- 
ship: Providpd, however, that such pupil shall be a resident of the 
township in which such examination is held: And, provided, further, 
that where no application is received from any township, the county 
superintendent shall assign the pupil found to possess the next high- 
est qualifications to that township. 

§ 4. The county superintendent shall certify the names and ad- 
dresses of all successful applicants, with the number (and range) of the 
township to which each pupil is accredited to the Superintendent of 
Public Instruction, who shall issue to each pupil a certificate of 



882 

scholarship which shall be accepted by the authorities of any State 
normal school in lieu of any entrance examination, and shall exempt 
the holder thereof from the payment of tuition, or any term, matricu- 
lation, or incidental fee whatsoever. 

§ 5. Section 7 of an act for the establishment and maintenance of 
a normal university as amended; section 13 of an act to establish and 
maintain the Southern Illinois Normal University; section 13 of an 
act to establish and maintain the Northern Illinois State Normal 
School; section 13 of an act to establish and maintain the Eastern 
Illinois State Normal School; and section 13 of an act to establish 
and maintain the Western Illinois State Normal School, are hereby 
repealed. 

Approved May 12, 1905. 

COUNTY NORMAL SCHOOLS. 

An Act to enable counties to establish county normal schools. 

Section 1. Be it enacted by the People of the State of Illinois, 
represented in the General Assembly : That in each county adopt- 
ing township organization, the board of supervisors, and in other 
counties the county court, may establish a county normal school for 
the purpose of fitting teachers for the common schools. That they 
shall be authorized to levy taxes and appropriate moneys for the sup- 
port of said schools, and also for the purchase ol necessary grounds 
and buildings, furniture, apparatus, etc., and to hold and acquire, by 
gift or purchase, either from individuals or corporations, any real 
estate, buildings or other property, for the use of said schools, said 
taxes to be levied and collected as all other county taxes: Provided, 
that in counties not under township organization, county courts shall 
not be authorized to proceed under the provisions of this act until 
the subject shall have been submitted to a vote of the people, at a 
general election, and it shall appear that a majority of all the votes 
cast on the subject, at said election, shall be in favor of the establish- 
ment of a county normal school. The ballots used in voting on this 
subject may read: "For a county normal school" or "Against a 
county normal school." 

§ 2. The management and control of said school shall be in a 
county board of education, consisting of not less than five or more 
than eight persons, of which board the chairman of the board of 
supervisors, or the judge of the county court, as the case may be, and 
the county superintendent of schools, shall be ex officio members. 
The other members shall be chosen by the board of supervisors or 
county court, and shall hold their offices for a term of three years. 
But at the first election one third shall be chosen for one year, one- 
third for two years, and one-third for three years, and thereafter one- 
third shall be elected annually. Said elections shall be held at the 
annual meeting of the board of supervisors in September, or at the 
September term of the county court, as the case may be. 

§ 3. Said board of education shall have power to hire teachers, 
and to make and enforce all needful rules and regulations for the 



383 

management of said schools. A majority of said board shall consti- 
tute a quorum for the transaction of business, and a meeting of said 
board may be called at any time by the president or secretary, or by 
any three of the members thereof. Said board shall proceed to or- 
ganize within 20 days after their appointment, by electing a presi- 
dent, who shall hold his office for one year, and until his successor 
shall be appointed. The county superintendent shall be, ex officio, 
secretary of the board. Said board shall make to the board of super- 
visors at their annual meeting in September, or to the county court 
at the September term, as the case may be, a fnll report of the con- 
dition and expenditures of said county normal school, together with 
an estimate of the expenses of said school for the ensuing year. 

§ 4. Two or more counties may unite in establishing a normal 
school, in which case the per cent of tax levied for the support of 
said school shall be the same in each county. 

§ 5 In all counties that have already established normal schools, 
the action of the board of supervisors in so doing, and all appropria- 
tions made by them for their support, are hereby legalized, and said 
board of supervisors are hereby authorized and empowered to make 
further appropriations for the support of such school already estab- 
lished, until such schools have been established under the previous 
sections of this act. 

§ 6. No member of the aforesaid county board of education shall 
be entitled to compensation for services rendered as a member of 
such board. 

§ 7. This act shall be in force from and after its passage. 

Approved March 15, 1869. 



384 



CALENDAR. 



January, first Monday — Apportionment of Auditor. 

March 1, on or before — Payment of Auditor's warrants. 

On or before same day — Report of fines and forfeitures. 

April 1, on or before — Collecter of taxes to pay treasurer. 

April, first Monday — Regular meeting of trustees; treasurer's re- 
port. 

Within two days after — Treasurer's statement to district school 
boards. 

April, first Tuesday — Election of trustee when elected at town 
meetings. 

April, second Saturday — Election of trustee in other cases. 

Within ten days after — Organizations of board of trustees. 

April, third Saturday — Election of directors; their report to voters. 

Same day — Election of members of board of education. 

Within ten days after — Organization of board of directors and 
board of education. 

June, first Saturday — University scholarship examination at the 
county seat by county superintendent. 

June 30 — Treasurer's report of notes, etc., to county superinten- 
dent. 

July 7 — Reports of statistics by district boards to treasurer. 

On or before the same day — All schedules or statements of attend- 
ance filed with treasurer. 

July 15 — Trustees' report to county superintendent. 

July 15 — Treasurer's statement to district boards. 

August, first Tuesday — District boards to certify tax levy to treas- 
urer. 

August, second Monday— Same returned to count clerk by treas- 
urer. 

August 15 — County superintendent's report to State superinten- 
dent. 

September, at annual meeting — County superintendent's report to 
county board. 

September 30, on or before — Notice of county superintendent to 
president of board of trustees and clerk of district board of amount 
of money paid by him to treasurer. 

October, first Monday — Regular meeting of trustees; treasurer's 
report. 

November 1 — State Superintendent's report to Governor; bien- 
nially. 

November, Tuesday after first Monday, 1906^Election of State 
and county superintendents, and quadrennially thereafter. 



885 



TABLE OF CASES. 



A 

Ackerman V. Haenck 74,91,92,364 

Adams v. Brenan 99 

Adams V. State of Illinois 36, 60, 70, .25. 126 

Adkinsv Mitchell 7'), 110 

Alderman v. School Directors 35,48 

B 

Badger V. Knapp 52 

Baltimore & Ohio Southwestern Railroad Co. v. The People 12,114 

Banks v. School Directors 36,88 

Barber v. Trustees of Schools 35,37 

Bargrer v. Jones 140 

Bartlett V. Board of Education 60 

Bivens V. Harper 37,e6 

Bloome v. Hograeff : 74 

Board of Directors v. Baker 63 

Board of Education v. A mold 107 

Board of Education v. Blodgett 127 

Board of Education v. Board of Education 71 

Board of Education v. Bolton 79, 63 

Board of Education v. Carolan 43 

Board of Education v. Foley 86 

Board of Education v. Helston , 84,94.153 

Board of Education v. Lease 78 

Board of Education v. Neidenberger 150 

Board of Education v. Roeher 93 

Board of Education v. Stotler 94 

Board of Education v. Taft 125,129 

Board of Education v. Trustees of Schools 49,95,153 

Board of Tr stees v. Baker 24. i^2 

Board of Trustees v. Baker 24.62 

Board of Trustess v. Davidson 65 

Board of Trustees v. Misenheimer 68 

Boehm v. Hertz 368 

Bolton V. Board of Education 125,128 

Boone v. The People 47,156 

Botkins v. Osborne 116 

Bradley v. Case 3 

Bradley v. Snyder 65 

Brenan v. The People 98,103,36 

Brown v. Board of Education 8i 

Buck V. The People 124 

Bunn V. The People 69.169 

Burr V. City of Carbondale 369 

Bush V. Shipman 3,26,62 

—25 S L 



886 
Table of Cases — Continued. 



c 

Cairo, Vincennes & Chicago Railway Co. v. Mathews 116 

Canal Trustees v. Haven 3 

Carolan v. Board of Education 43 

Carrico v. The People 50,51,71 

Cassady v. Trustees of Scliools 60, ll.'i 

Chadwirk V. Tlie People 147 

Chadwick v. The People 147 

Chase v. Stephenson 1. 154 

Cheshire v. The People 48.70 

CiiicHgo & Alton Railroad Co. v. The People 117.124 

Chicago & Alton Railroad Co. v. The Peoi le 113,116 

Chicago & Alton Railroad Co. v. The People 115.118 

Chicago & Alton Railroad Co. v. The People 12.114,117 

CI icago & Northwestern Kailroad Co. v. The People 118 

Chicago & Northwestern Railroad Co. v. The People 117 

Churchill v. Fewk.s 79 

Cincinnati, Lafayette & Chicago Railway Co. v. The People 113,217.328 

Citv of Chicago v. City of Chicago 10,11 

City of Chicago v. The People 4.8 

City of Jacksonville v. Akers 8(5 

Clark V. School Directors 85,1 6 

Cleveland, Cincinnati, Chicago & St. Louis Railway Co. v. Ranflle 7.112 

Cleveland. Cincinnati, Chicago & St Louis Railway Co. v. The People 114.155 

Clylioiirn v. Pittsburg, Fort Wayne & Chicago Railway Co 144 

C-ollierv. Anlicker 74,75,364 

Cooke V. School Commissioner 142 

Corn V. Board of Education 83. g.^ 

County of Cookv. Industrial School for Girls 5 

County of (ireene v. Bledsoe 24 

County of McLean v. City of Bloomington 11 

Crane v. City of Urbana 155 

Cravener v. Board of Education 5,98 

Cross V . School I directors 70, 80 

Crossett V. CJwens 53 

Curry v. Mack 25,65 

D 

Davis V. Nichols 88 

Davis V. School Directors 70,75,80 

Dor ey v. Brigham 364 

Doyle V. School Directors 108 

E 

Edwards v. Trustees of Schools 62 

P'.ld ridge v. Trustees of S hools 35 

Ewing V. School Directors 83 

F 

Fagan v. City of Chicago 4 

Fisher v. The Peo[)le 43 

Folsom V. School Directors 85,125,126 

Fox V. The People 80 

Frick V. 1 rustees of Schools 28.60 

Fuller V. Heath 7,115 



387 
Table of Cases — Continued. 

G 

Gale V. Knopf 4 

Glidlen V. Hopkina 70,136 

Greelev v. The People 44 

Greenleaf V. Tow ship Trustees 3,!?6 

Greenwood V. (imelich 41,43 

Grove V. School Inspectors 256 

H 

H milton v. Cook County 25 

Hamilton v. Frette 48,53 

Hamilton v. Wrigrht 65 

Harris V Kill.. 2.81.98,101 

Hemstreet v. Burdick 38 

Henser v. Harris 35 

H ewett V. Board of Education 77 

Hewe't V. Normal School District 126 

Holbrook v. Trustet-s of Schools 32 

H oiise V. Trustees of Schools 25, 65 

Humiston v. Trustees of Schools 59 

I 

Illinois Southern Railway Company v. The People 119 

Indiana, Decatur & Western Railway Company v. The People 117 

In re Swigert 8 

J 

Jackson v. Berner 144 

Jameson v. Conway 25 

Jefferson County v. Johnson 19 

Jimison v. Adams County 6,19 

Jimison v. County of Adams 19 

K 

Kagray v. Trustees of Schools 29 

Keves v. Jasper 62 

Kidder v. Trustees of schools 17,142 

Kiehna v. Mansker 36, 86, 87 

Kiehna V. Mansker 35,;^6.«6,87 

Kinnare V. City of Chicago 2.9S,100 

Knopf V. The People 113.114 

Knox County v. Christianer 19 

Koelling v. The People 113 

Kuenster v. Board of Education \ 93 

Kuenster v. Board of Education 93 

L 

Ladd V. Board of Trustees 60 

Langdale v. The People 135 

LawbauL'h v. Board of Education 79 

Lav^baugh V. Board of Education 79 

Lawrence v. Traner 76,119 

Lemont v. Singer & Talcott Stone Co 127 

Lippincott v. Board of Education 112 

Longan v. Taylor 60 

Lovingston v. Board of Trustees 68,69 



388 
Table of Cases — Continued. 

M 

Mason v. The People 50, 52, 72 

McCormick V. Burt 80,86 

McCullough V. Board of Review 10 

McDonald v. County of Madison 157 

Mc(»urn v. Board of Rducation 98 

McHaney v. Trustees of Schools 25,65 

Merritt V. Ferris 73,87,114,119 

Metz V. Anderson 46,119 

Millard v. Board of Education 6. i")2 

Millard v. Board of P-ducation 6,152 

Miller v. Trustees of Schools i^ — 28 

Millison v. Fisk 37,t,6 

Mills V.Thornton...,. 121 

Misch V. Russell 29,91 

Moll V. School Directors 55 

Montgromery v. Wyman , 9 

Monticello Female Seminary v. The People 8 

Moore v. Fessenbeck 124,151 

Moore v. School Trustees 19,26 

Moore v. The People 146 

Munson v. Crawford 121 

Munson v. Minor 119 

Murray v. Clay County 19 

N 

Neville v. School Directors 83,85,106 

Newell v. School Directors 136 

Newton V. The People 150 

Nichols V. School Directors 86 

Noble V. School Directors 72 



O'Day V. County Commissioners 8 

Olney School District v. Christy 76,84 

Otis V. The People 112,113 



Pace V. County Commissioners 8 

Pace V. 1 he People 34 

Pace V. The People 18 

Parr V. Miller 47 

Parrv. Miller 47,49 

Pearson v. Hamilton 65 

Peers v. Board of Education 70,137 

Pennington v. Coe 88.137 

People v. Allen ^8 

People V. \uditor 1'4 

People V. Board of Education 93,94 

People V. Board of Education 2,! 53 

People V. Board of Education 153,154 

People V. Board of Education 93,329 

People V. Board of Education 81,94 

People V. Boyd 72 

People V. Brown 30,31,41 

People V. Hruennemer 39,40 

People V. Chicag:o & Northwestern Kailway Co 86,116 

People V. City of Chicago 9 

People V. Core 24 



389 
Table of Cases — Continued. 

People V. Cowden 40 

People V. DuPuyt 25,26,27 

People V. Eng:lish , 364 

People V. Frost 'i6 

People V. Ha nes 24,63 

People V. Inglis 13.376 

People V. Keechler 21,47,48,i50..54,90,92 

People V. Kies 30 :^2 

People V. Mayor of Alton loS 

People V. Mayor of Altou 153 

People V. Mayor of Alton 334 

People V. Mays 132 

People V. Mays 132 

People V. McFall I'lS 

People V. Mottinger 211 

People V. Nev\berry 48,70,71 

People V. Peoria & Eastern Illinois Railway Co 115 

People V. Rea 151 

People V. Rhodes 47 

People V. Ricker 90,96 

People V. Roche 103 

I'eople V. Ryan 10 

People V. Simpson 47 

People V. Sisson 124 

People V. Smith 116 

People V. Trustees of .Schools 2r. 

People V. Trustees of Schools 4,23,1.38 

People V. Trustees of Schools 71 

People V. Trustees of Schools ■ 11 

People V. Trustees of Schools 32 

People V. Welsh 41. .364 

People V. Wiltshire 122, i.'iS 

People V. Yeasel 122 

Plummer v. Yost 2,.3G4 

Pollard V. School District 76,82,107 

Potter V. Board of Trustees .51 

Potter V. Board of Trusters 59 

Potts V. Breen 78 

Powell V. Board of Education 1,13.108 

Price V. School Directors 35 

Q 

Uuinn v. Allen 35 

R 

Rankin v. Cowden 40 

Rayfield v. The People 50 

Rea V. The People 151 

Reich V. Berdel 145 

Ren wick v. Hall 48,71 

Ricnards v Raymond 1,42,43 

Roberson v. Troutt 78,83 

Robinson v. Board of Education "2 

Robinson v. Board of Education 76, ^3 

Rogers v. The People .53,163 

Ruble V. School District 36, S6 

Rulison V. Post 78,81 

Russell V. High .School Board of Education 2,44 



390 

Table of Cases — Continued. 

s 

Schaefer V. The People -JS 

Scheik v. Trustees of Schools ^ '9 

Schniohl V. Williams 195,326,327,^30 

ScotJeld V. Watkins ^3 

School Directors V.Ann Hart 70,80 

Scht)ol Directors v. Birch 88 

School Directors v. Brt-en 78 

School Directors v. Crew^ 83,. '<4 

School Directors v. Kwington 81 

School Directors v. Fogleman 70,88,113 

School Directors V. Hudson 83 

School Directors V. Jennings 76 

School Directors v. Kimmel 76,84 

School Directors V Miller 55 

School Dit actors V Miller 12» 

School D rectors v. National School Furniture Co 71.73 

School Directors V. Orr 81.84,107 

School Directors v. Parks , 77 

School Directors v. Keddick 83 

School Directors v. School Directors 27,33/i2 

School Directors V. Schocl Directors 53.56 

School iJirectori v. School Directors 62 

School Directors v. School Directors 28,47,53,56,71 

School Directors v. School Directors 56 

School Directors v. Sshool Directors 56 

School Directors V. School Trustees 1-3 

School Directors v. Sippy 1-5 

School Directors V. Sprague 75,110 

School Directors V. Taylor 125 

School Directors v. The People 59 

School Directors V. Tlie People 87 

School Directors v. The People 37, 87 

School Directors v. Ting'ey 70 

School Directors v. Trustees ot Schools i6 

School Directors V. Wright 80,87 

School District V. School District 131 

School District v. Sterricker 106 

Sch-ol District V. Stilley 84,107 

School District V. The People 28 

School Inspectors v. The People , 256 

School Trustees v. Kirwin CO 

School Trustees v. School Directors 21,47, 112 

School Trustees v.1 he People -0 

School Trustees V. Wright 142 

Scott V. Trustees of Schools 50 

Seeger V. Mueller 140, 11 

Sexton V. School Commissioner -'- 65 

Sharp V. Smith 70 

Sherlock V. Winnetka 77,>5, 126 

Sherlock v. Winnetka 77 

Shires v. Irwin 87.88.128 

Simons V. The People 7,28,29,:^0 

Smith V. The People 155,1.58,204.205.208 

Snowball v. The People 72 

Snyder v. Spaulding 150 

Spanlding Lumber Co. v. Brown 157 

Speight V. The People 2,6,115,155 

St. Louis, Rock Island & Chicago Railroad Co. v. Tlie People 117 

Spring V, Wright 81,91 

Spring V alley Coal Co. v. The People US 



391 

stanhope v. School Directors 70,107 

Stei>hensun v. School Directors 70,80,108 

Stewart v. School Directors 76 

Stuck ney v. Churchman ^o 

Bwip:«rt V Hallou ''y 

Svsift V. Trustees of Schools *''0 

loswift V. Trustees of Schools 59.60 

T 

Tappan V. The People 27,123 

Th tiher V. The People 1-2 

Iha Cher V. The People 113 

Thatcher V. The People 128 

Theological Seminary v. The People 8 

Thomas v. Urbana School District 156 

Thompson v. Beaver 46,78,79 

Thompson v. Trustees of Schools • -"'S 

Tingley v. Vaughn 83 

Trumbo V. The People i^.^^ 

Trustees v. Champaign County 8 

Trustees v. The People 27 

Trustees of Schools v. Allen 33,140,143 

Trustees of Schools v. Arnold 27 

Trustees of Schools v. Baker 62 

Trustees of Schools v. Hibb ■"■ 65 

Trustees of Schools v. Board of School Inspectors 254 

Trustees of Schools v. Board of School Inspectors 2.i4 

Trustees of Schools v. Braner 35 

Trustees of Schools v. Douglas 58 

Trustees of schools v. Hihler 153 

Trustees of Schools v. Kay **6 

Trustees of Scliools v. Peak 66 

Trustees of Schools v. Petefish 35 

Trustees of Schools v. Kautenberg 28 

Trustees of Schools v. Kodgers 59 

Trustees of Schoois v. School Directors 28,52 

Trustees of Schools v. Schroll _ * 

Trustees of Schools v. Shepherd 52 

Trustees of Schools v. Smith 59 

Trustees of Schools v. Southard 35,62 

Trustees of Schools V. Stokes 27,69.153 

Trustees of Schools v. Tatman 3,26 

Trustt-es of Schools v. Tl he People 25,: 9. 40 

Trustees of Schools v. T he People 4:i.43,7S,Sl 

Trustees of Schools v . The People 50 

Trustees of Schools v. Trustees of Schools 27 

Trustees of Schoo.s v . Walters l'-'3 

U 

6 ni versify of Chicago v . The People 4 

University of Illinois v. Bruner 36.> 

University of Illinois v. Bruner 365 

V 

Van Dorn v. Anderson 105 

Van Valkenberg v. Trustees of Schools 64 

W 

Wabash Railroad Co. V. The People 131 

Wabash Railroad Co. v. The People 113 



b92 

Wabash Railroad Co. v. The People 71,114,125 

Wahl V. School Directors 151 

Walser v . Board of Education 71 

Watson V. Abry Iu6 

Watts V. McLean 156 

Watts V. McCleave 88 

Webb V. The People 50 

Weber V. Ohio & Mississippi Railway Co 115 

Wells V. The People 70 

Whitlow V. Trustees of Schools 61 

Whitlow V. Trustees of Schools 61 

Wilson V. Board of Trustees 12 

W ilson V. Gerrard 35 

Wilson V. School Directors 35,72 

Z 

Zerwick v. Weir 60 

Ziesing v. Matthieson • 41 



893 



INDEX. 



ACCOUNTS— Page. Sec. Note. 

Of Superintendents ^ 22 15 

Of township treasurer 60 2 

Examined by county superintendent 21 13 

Statement of 67 19 

Subject to inspection 61 2 

With sctiool districts 66 15 

ACTIONS, CIVIL- 

Against collectors of taxes ;.. 123 11 

County board 133 3 

Purchaser of school lands 142 18 

School ofBcers 146 1 

Township treasurer 67 20 

Township trustees 23 18 

To recover interest ■ — 65 11 

On mortgages 64 8 

On notes 65 11 

ACTIONS, CKIMINAL— 

Against school officers 149 6 

Trespassers 138 5...... 

ADMINISTRATORS- 

Debts due the school fund 65 10 

ADVERTISEMENTS- 

Sale of school houses 36 32 

. Lands 141 14 

Sites 36 32 



AGE- 

In school census 34 28 

Of school children 78 26 

APPARATUS- 

M ay be purchased 85 26 

APPEALS- 

From county superintendent 25 22 

From trustees 51 54 

From trustees 21 13 1 

APPORTIONMENT OF FUNDS— 

By auditor 134 3 

By county superintendent 24 20 

By trustees 33 26 

APPRAISERS- 

Appointed 56 64 

ASSESSOR- 

To designate number of disirict 121 6 



894 
l7idex — Continued. 

ASSISTANT— Page. Sec. Note. 

Appointment of 18 10 

Corn peiisar ion of 133 ] 

ASSOC lATK). N— 

State Teachers' 361 



ATT E N [) A .\ C K L A W- 

Agre of child subject to 359 1. 

AUDITOR- 

Toapportion funds 134 3. 

n o tile iranxript of land sale 143 23. 

To issue patent 144 24. 

To issue warrants 131 6. 

To withliold fuiuls, when 16 5. 

Ai;S'I RALl AN BALLOT ACT- 

Applie^ when ' 29 13 

BOAR!) OF EDUCATION— 

Conveyances made on written request 

Duties of , 

Hected 

Election, \n hen held 

How conducted 

Elections, manner of conductinjr directory 

Expenditure of money 

E'linds subject to order . 

Notii e of election 

Failure to give 

Form of 

President and clerk to give 

Powers of 

When exercised 

Yeas and nays uhen necessary 

BOARD (;F EDLCATION- 

Appointed 326 

BOARD OF EDUCATION, CHICAGO— 

A public corporation 

A quasi corporation 

Appointment of 

Duties 

Eligibility 

Power of 

Po\\er, with concurrence of council 

President f, apjiointed 

Secretary of, appointed 

BOARD OF EDUCATION, ELECTED- 

In certain cases 330 

In certain districts 331 

In cities 328 



9) 

92 


IZ 

10 


90 


2 


91 


5 


92 


8 


91 


6 3 


95 


11 


95 


14 


91 


6 


92 


7 


91 


6 


91 


6 1 


92 


10 


95 


12 


95 
?26 


11 



98 


17 


97 


17..... 


102 


23 


99 


18 


100 


22 


100 


21 


99 


18 , 


99 


19 



BOARD OF EDUCATION, STATE- 

A corporation 367 1 

BOARD OF EDUCATION, TOVVNSHiP- 

Election of 41 40.... 

Number 41 40 

Organization 41 ;! 

Powerof 41 4D.... 

Vacancy 41 40 



395 
Index — Continued. 

BOARD OF INSPECTORS- Pape. Sec Note. 

Jo iet 209 2 

Jnliet 210 1 

Pekin 24S 3 

Peoria 2.".4 1 

Wilmington 324 3 

BOND, OFFICIAL- 

Superintendent's, county 17 2 

Approval of 17 2 

Custodian of 17 3 

Form of 17 3 

Superintendent's, State 13 2 

Approsalof 13 2 

Custo.iian of 13 2 

Treasurer's, township 58 1 

Approval of 58 1 

Custodian of 58 ' 

Form of 59 1 

BONDS. SCHOOL- 

A mount limited 124 1 .. 

Election for 127 4 

How conducted 128 5 

Notice of election ^ 127 4 

Form of '. 127 4 

Poll-book 129 6 

Return of 129 6 

Refunding 129 7 

Registration 129 7 

BOOK-KEEPING- 

Not required study 81 26 29 

BOUNDARIES, DISTRICT- 

Changed, how 4S 47 

In certain districts 48 49 

BRANCHES OF STUDY— 

Prescribt d by directors 81 26 

CALENDAR- 

(ieneral 384 



CENSUS- 

Taken by olrectors 77 22.. 

By superintendent 23 18.. 

By trustees 34 28.. 

CERTIFICATES, COUNTY- 

Age of applicants 104 1.. 

Essential, when 107 5.. 

Evidence of competency 106 3 

Evidence of qualification 106 3 

Fee 108 8.. 

E". rm of 105 3.. 

Record of 107 4.. 

Renewal of 105 3.. 

Revocation of 105 3.. 

CERTIFICATES, STATE- 

Exammation for 104 2.. 

Suspension of 104 2 . . 



396 



Index — Continued. 

CERTIFICATE OF LEVY- 

Page. Sec. Note. 

BmsIs of all taxes 115 2 5 

Form of 115 2 

Return of 120 3 

CEKTIOKAKI— 

Appropriate remedy, when 

Orig-inal proceedings brought up on 

Should be disniissed, when 

VV'rit should be granted, when 

CHILD LAB(JR— 

Age — 



28 


4 


16 


52 


55 


2 


72 


2 


26 


72 


2 


26 



337 

CHILDRKN- 

All to receivf common school education 1 

Crippled, classes for 335. 

Deaf, classes for 336 . 

CLERK, HOARD OF DIRECTORS- 

Appointed 

Compensation 

Duty to exhibit accounts 

To keep records 

To report to treasurer 



COLLKCTOR- 

Dutv to notify directors 1,54 

To p:)y amount of taxes 122 

To pay Auditor's warrant 134 

Liability of 123 

COLLKGKS- 

Duty to make report 155 

COLORED CHILDREN- 

Discri mi nation, what is 153 

Exclusion of, prohibited 153 

\'ay not be done indirectly 153 

Have equal riglits. 1 

Penally for exclusion 152 

For in tim illation 154 

C OMPE N S A T I O N- 

Assisiant superintendent 133 



Clerk of lioard of directors 

County superintendent 

Gei erally 

Su[ierintendent of Public Instruction. 
Townsliip treasurer 



82 
19 
157 
13 
69 



CONDEMNATION- 

I^and for site 



CONSTITUTIONAL PROVISIONS- 
Donaticiiis, how applied 

Are made to State 

City may hold title 

Free schools, efficient system of 

Are public institutions. 

Di.scrimination on account of color. 

tjeneral Assembly shall provide 

Lunitation on Legislature 

System of 



4 
4. 
4 
1 

14. 
5. 

1. 

27. 
11. 
10. 
3. 

22. 



88 32. 



897 
In dex — Contimied. 

CONSTITUTIONAL FROWSIO'S.S-Conchfded. Page. Sec. Note. 
Indebtedness 11 12 

Limitation of 11 12 

Prohibition on each corporation 12 12 1 

Oath, official 7 25 

Officers 

County superintendent 6 5 

Not to be interested in contracts 6 4 

Powers prescribed by law 6 5 

Permanent school funds, statement of 

Sei tarian ijurposes 

May not appropriate money for 

Ma>- not be done indirectly 

Special legislation 

Taxation 

Exemption from, what property 

Laws ext-mptiiig strictly construed 

Must be clearly within law 

Must be used for schools 

Not ^'Xempt from special assessment 

Play ground not exempt 

University lands exempt 

When used with view to profit 

CONTRACTS- 

Generally 152 1.3. 

Made by directors 77 23. 

CONVEYANCES- 

By superintendent 145 26. 

By trustees S8 37 . 

To cities iu trust 103 25. 



5 


2 


14 


5 


3.. 




5 


3.. 




5 


3 


1 


6 


22.. 




8 


3 




8 


3 


1 


9 


3 


9 


10 


3 


17 


8 


3 


2 


10 


3 


22 


10 


3 


20 


8 


3 


3 


9 


3 


12 



COUNTY SUPERINTENDENT— 

A ministerial officer 

Appeals from decision of trustees 

Apportionment of funds 

Approval of treasurer's bond 

Bills, shall itemize 

Bond 

Compensation 

Fixed by Legislature 



COSTS- 

Generally 152 1 

COUNTY BOARD- 

Dutyof 133 2 

To audit accounts 133 2 

To examine reports 1.33 2 

To examine statements 133 3 

Tofillvacancy 1.33 2 

Liability of membeis piesent 133 3 

Power of 132 1 

COUNTY CLERK— 

Certificate of value furnished by 130 3 

Computation of taxes 130 5 

Election of trustees ordered by 29 9 

List of trustees furnished by 130 1 

Tax extended by mistake 131 5 5 

COUNTY FUND— 

Consists of what 

Loaned 



135 


6 


24 


21 


17 


1 


21 


13 


24 


20 


23 


19, 


20 


12 


17 


2 


19 


11 


19 


11 



:-i98 



Index — Continued. 

COUNTY SUPERINTENDENT-Cowc/z/flT^a'. Page. Sec. Note. 

Duties 20 13 

To act as official advisor 20 1.3 

To cond'ct teachers' institute 20 13 

To examine notes and books 21 13 

To srrant certificates 21 13 

To hold e:xan'inations ciuarterlv 21 13 

To keep account of institute fund 21 13 

To present annual report 21 13 

To visit schools 21 13 

Elected, when 17 1 

Liabiltyof 21 21 2 

Ofobliffors 17 4 

When making loans 24 21 1,2 

Money in hands of 2.5 23 

Oath 17 2 

Opinion in controversies 25 22 

Powersof 22 14 

Records, shall deliver to successor 25 23 

Removal 25 23 

Report, annual 22 16 

To surierintendent 23 17 

Resignation 18 8 1 

Vacancy, how filled 18 8 

DEAF CHILDREN- 

Classesfor 336 1 

DEBT, BONDED- 

How disposed of 54 58 

DEBTS- 

l)ue school fund 65 10 

Settled by trustees 38 36 

Dl RECTO KH- 

A boily corporate 69 2 

Absentee, notice to 75 16 1 

Actions void, when 70 2 4 

Annual report 77 22 

Apparatus, may purchase, when 85 27 19 

Bond purchased by, void 77 23 1 

Chapfres in text books 8J 26 25 

Contracts, when illegal 88 26 19 

For current school year 80 2 21 

For term after organization 80 2 19 

Discipline 85 27 19 

Donations for sectarian purpose 85 26 1 

Duties 78 26 

Election of 73 5 

Eligibility 73 3 

Holidays, may grant . 85 27 

IVIeeting, informal 76 19 3 

Regular and special 76 18 

Without formal notice 76 19 2 

Not to be interested in contracts 77 23 

In sales 77 24 

Notice of electi< n 73 8 

When sufficient 73 8 1 

Official business transacted, when 76 19 

Orders 86 28 

Organization 75 15 

Powers of 77 26 



399 
Index — Continued. 

Ti\RV.CTO^S— Concluded. Page Sec Note. 

President 15 IS 

F^o tempore '16 20 

Quorum To I'i 

Records, how kept 82 27 

Kesidence 73 5 1 

For school purposes 78 26 1 

Rules 78 2! 

School house, destruction of 83 27 8 

Site 87 31 

Suspension, term of 8-") 27 17 

Text- books, changes 81 26 

For indigent children 81 2ii 

Tie vote 74 11 

\'acancies 73 4 

DISTRICT, SCHOOL- 

Boundaries 46 47 

Dissolved, when 57 67 

Formation of 46 47 

F"unds of 37 31 

List of tax- payers 53 57 

Map of 53 57 

Numbered by superintendent 355 

DONATIONS- 

For school purposes 3 2 

For school purposes 35 31 

EXKCL'TION- 

Generally 155 9 

EXECUTOR- 

To give preference to school debts 65 10 

EXEMPTION, TAXES- 

Flxempt, what property 

Laws exempting strictly construed 

Must be clearly within law 

Must be held in trust 

M ust be used for schools 

Must furnish higher education 

Not exempt from special assessment 

Play ground not exempt 

University lands exempt 



8 


3.. 




9 


3 


10 


10 


3 


17 


10 


3 


20 


8 


3 


2 


10 


3 


20 


10 


3 


22 


10 


3 


20 


8 


3 


3 



EXPl'LSTON- 

Of pupils 84 27 

Term of 85 27 18 

FINKS AND FORFEITUTES- 

Collection of 146 2 

Distributed annually 146 1 

Paid to superintendent 1'46 1 

Penalty for failure to make report 147 6 

For failure to pay 147 5 

FLAGS- 

Law relating to 349 — 

FORM- 

C)f bond of superintendent 17 3 

(;f bond of treasurer 59 1 

C )f mortgage 63 7 

Of register 109 13 

Of schedule HO 14 



400 
Index — Continued. 

¥ORyi—Coniimted— Page. Sec. Note. 

Of school orders 89 34 

Of tax certificate 115 2 

Of teacher's certificate 105 3 

FUND, SCHOOL.. 

Apportionment of 134 3 

Common, consists of what 134 1 

County, consists of what 135 6 

District 135 7 

Custodian of 37 34 

Surplus loaned 63 5 

In special districts 1.37 10 

]n erest on 134 2 

Permanent, statement of 5 2 

Proper, consists of what ; 134 1 

Township, consists of what 136 6 

FURNITURE- 

Purchase of 112 202 



GRADUATE- 

Of country normal school 104 

Of eighth grade 381 

HIGH SCHOOL, TOWNSHIP— 

Admission to 

A pplies to special charter districts 

A re free schools 

Board of education 

Discontinued, how 

Election to establish 

Of district board 

Women cannot vote at 

Petition 

HOLTDAYS- 

What are 



42 


40 


4 


40 


38 


4 


42 


40 


8 


41 


40... 




40 


38 


9 


38 


28... 




41 


40... 




41 


38 


16 


38 


38... 





INDICTMENT- 

Of school officers 152 13. 

INSTITUTES- 

Fee, registration 108 10. 

Fund ; 108 9. 

Term of 108 10 . 



INSURANCE- 

In making loans 64 8. 

INTEREST- 

Actioii to recover 65 11. 

Distributed 135 6 . 

Order draws, when 67 18 . 

Rate of, bonds 124 1. 

Loans 61 3. 

State to pay 134 2. 

JUDGES OF ELECTION- 

Of directors 73 10. 

Of tru.stees 29 11. 

To vote on bond issue 128 5 . 

JUDGMEN'IS- 

A gainst purchaser of land 142 18. 

Against school officer 150 9 . 



401 

Index — Continued. 

KINDERGARTEN SCHOOLS- Page. Sec. Note. 

Any district may establish 353 

LANDS, SCHOOL- 

Biisiness relating to, where transacted 138 2 

Common, what are 137 1 

Lease of 138 3 

Platof 140 11 

Purchase money 142 18 

Sale of 141 14 

LIABILITY OF SCHOOL OFFICERS- 

f or conversion of funds 149 6 

For failure to deliver poll-book 148 2 

For failure to deliver schedules 148 3 

For failure to perform duty 148 4 

For failure to protect property 148 1 

For failure to return statistics 1.50 10 

For failure to turn over money 149 5 

For insufficient securities taken 149 7 

For loss of funds or property 150 11 

LIBRARIES- 

May be purchased 85 27 

LIEN- 

Mechanic's 157 8 

On real estate of school officers 149 8 



LOANS- 

Of countyfund 24 21. 

Of township fund 63 5 . 

Of district fund 61 3. 

MANUAL TRAINING- 

May be established 354 1 . 

MASTER- 

May sell lands, how 64 8 

MEETINGS- 

In school houies 

Of trustees 

Of directors 

MONTH- 

School Ill 

MORTGAGE- 

Form of 



85 


27 


32 


25 


76 


18 


[11 


17...... 


63 


7 



NEGLIGENCE- 

What is 83 27 

NORMAL SCHOOLS, COUNTY- 

May be established .' 3*2 1 . 

NORMAL SCHOOLS, STATE- 

Eastern Illinois State Normal School 375 

Normal University 367 

Northern Illinois State Normal School 372 

Southern Illinois Normal University 369 

Western Illinois State Normal School 378 



—26 S L 



402 

Index — Continued. 

NOTES— Page. Sec. Note . 

Examined by county board 133 

By superintendent ., 

Made to superintendent, / 

To trustees ....= ........ 

NOTICE OF ELECTION- 

In cities 

In districts 

In townships 

ORDERS, SCHOOL- 

Executed, how 

Form of 

In anticipation of taxes 

Teachers' ,^ 

ORGANIZATION- 

Of board of trustees 

Of board of directors 



PARENTAL SCHOOL— 

Established in certain cities 356 

PENSTON- 

Employes' 344 

Teachers' 

PETITION- 

For change of boundaries 

For organization under general law 

For sale of school house 

For sale of school lands 

For township high school ; . . 



PHYSIOLOGY AND HYGIENE- 
Instruction in 



21 


13 


24 


21 


63 


i 


91 


6 


73 


8 


28 


8 


136 


7 


136 


8 


86 


29 


111 


16 


32 


22 


75 


15 


356.. 




344 


361 


46 


47 


96 


15 


36 


32 


139 


8 


38 


38 


358 


1. 



PUNISHMENT- 

Corporal 80 26 16 

PUPILS- 

Age of 

Expulsion 

Suspension 

Transferred 



QUALIFICATIONS- 

For county superintendent. 

For director 

For treasurer 

For trustee 

Of teachers 

Of voters 



QUO WARRANTO— 

Information in nature of 

Proper remedy, when 

Will not be entertained, when. 

QUORUM- 

Of directors 

Of trustees 



REGISTER- 

Form of 

Return of. . 



78 


26.. 




84 


27.. 




84 


27.. 




89 


35.. 




6 


5.. 




73 


3.. 




32 


22.. 




28 


7.. 




104 


1.. 




29 


12.. 




71 


2 


22 


71 


2 


24 


72 


2 


26 


75 


16.. 




32 


25.. 




109 


13.. 




110 


13.. 





79 


26 


9 


78 


26 


4 


78 


26 


2 


79 


26 


15 


79 


26 


7 



403 
Index — Continued. 

REMOVAL FROM OFFICE— Page. Sec.Note . 

Of county superintendent 132 1 

Of director 22 14 

Of president of board of trustees 32 23 

Of teacher 83 27 

Of treasurer 32 23 

REPORT- 

Of cities and towns 154 7 

Of collectors of taxes 122 9 

Of county superintendent, annual 22 16 

Of condition of schools 23 17 

Of land sales 21 13 

Of directors to treasurer 77 22 

To superintendent 77 26 

To voters 82 26 

Of fines and forfeitures 146 4 

Of institutions of learnings 155 8 

Of Superintendent of Public Instruction 14 4 

Of treasurer 66 15 

Of trustees 33 28 

RULES- 

Excuse, written 

Must be reasonable 

Reasonable, what are 

Teachers bound by 

Unreasonable, when 

SCHOLARSHIPS- 

Normal 381 

University 365 

SECTARIAN PURPOSE- 

Appropriation for, prohibited 151 12 

Cannot be made indirectly 5 3 1 

Church may be used for school room 152 12 3 

Constitutional provisions relating to 5 3 

Rent paid to church not illegal 152 12 1 

SITE- 

Control of vested in directors 35 31 

Directors may select, when 87 31 

May be sold when unsuitable 36 32 

Must build on one chosen 87 31 3 

Vote of people necessary, when 87 31 

SPECIAL CHARTERS- 

Alton School District 160 

Ashmore School District 162 

Bloomington School District 167 

Canton Union School Distrtct 171 

Carlinville School District 178 

Charleston Union School District 178 

Cordova School District 184 

Decatur School District 188 

Galena School District 195 

Galesburg School District 197 

Heyworth School Histrict 202 

Jacksonville School District 204 

Joliet School District 209 

Kankakee School District 212 

Kickapoo Union School District 218 

Lacon Union School District 223 



404 
Index— Continued. 

SPECIAL CHARTERS— Cojicluded. Page. See. Note. 

La Harpe School District 228 

Lake Forest School District 229 

Litchfield School District 231 

Macomb School District 234 

Normal School District 237 

Paris Union School District 241 

Pekin School District 247 

Peoria School District 254 

PoloSchool District 260 

Princeton High School District 266 

Rockford School District 272 

Rock Island School District 272 

Rushville Union School District , 280 

Shelby ville Union School District 288 

Sparta School District 293 

Springfield School District 298 

Tuscola Union School District 303 

Upper Alton School District 311 

Warsaw School District , 314 

Waukegan School District 321 

Wilmington School District 323 

SPECIAL CHARTERS, AGAIN- 

District, changes in boundaries of 48 49 

May be abrogated 96 15 

Repeals 154 7 

SUBSTITUTE- 

Ground for dismissal 83 27 1 

Teacher cannot employ 83 27 1 

SUPERINTENDENT OF PUBLIC INSTRUCTION- 

Duties 14 4 

Election of 13 1 

Funds with-held by 16 5 

Not to be interested in contracts 16 6 

Powers of 15 5 

Report to Governor 14 4 

SUSPENSION OF PUPILS- 

As means of discipline 85 27 16 

Term of 85 27 15 

TAXES- 

Extended by mistake 131 5 5 

Action to recover ' 27 4 4 

Action to recover 71 2 16 

Action to recover 71 2 17 

Action to recover 71 2 18 

TEACHERS- 

Age of 104 1 

Employment of 107 5 

Examination of 104 7 

Institute 108 10 

Property, responsible for 109 12 

Qualifications 104 1 

Register, duty to keep 109 13 

Schedules, duty to make 110 14 

Wages, when due and payable Ill 16 



405 
Index — Continued. 

TEXT-BOOKS— Page. Sec. Note. 

Changes 81 2G — . . 

For indigent children 81 26 

Prescribed by directors 81 26 

Uniformity 81 26 

TOWNSHIP, SCHOOL- 

Annexation of by city 2.") 1 3 

Congressional 25 1 

For school purposes 

Fractional 

Legislature may unite or divide 

Not for municipal purposes 



25 


1 


1 


26 


2 




26 


2 


1 


25 


1 


4 



TRANSFER- 

Of pupils 89 35. 

TREASURER, TOWNSHIP- 

Accounts of GO 2 . 



Annual statement of 66 15 

Must show exact condition 61 2 1 

Appointment of 32 22 

Bond 54 1 

Clerk of board of trustees 32 22 

Pro tempore 32 24 

Compensation r 69 22. 

Custodian of funds 37 34 

Defaulting 59 1 5 

Discharged from liability, when 16 13 1 

Duties 66 16 

Electionof 32 22 

In certain districts 60 1 14 

Eligibility 32 22 

Liable in civil action— 

For failure to perform duties 67 17 



For failure to turn over boo lis 57 66. 

For refusal to perform duties 68 20 . 

When liable 68 20 

Liable in criminal action — 

For conversion of school fund 149 6 . 

For failure to report statistics 57 66 . 

For false report of statistics 57 66. 

For interest in sales 152 13. 

For perversion of school funds 151 12 . 

Map, made and filed by 67 19 . 

Money 65 11 . 

Default in payment 65 11 . 

Received from collector 137 9. 

Oath, not required 59 1 

Removal 32 23. 

Resignation 68 21. 

Statement— 

To directors 66 16 . 

To trustees 66 15 . 

Sureties 58 1. 

Bound by entries in books 60 1 

Bound by ofiicial acts 69 21 

Term of office 32 23. 

TRUANT OFFICER- 

Appointed 366 3 . 

Dnti«s 366 3. 



406 
Index — Continued. 

TRUSTEES OF SCHOOLS- Page. Sec. Note. 

A body politic 

A qtiasi corporation 

Accounts of treasurer examined by 

Action of concurrent boards 

Adjournment of board 

Appeals from 

Who may appeal 

Apportionment of funds 

Appraisal and distribution 

Appraisers appointed 

Business of township done by 

Clerk appointed by 

Pro iet?tpore 

Conveyance made to 

Election of 

At town meeting 

Eligibility 

Enumeration made by 

Funds, distribution of 

Gifts, may receive 

Judges of election 

Liable in civil action 

For failure to distribute property. 

For failure to return poll book 

For failure to return statistics 

For false return of statistics 

For insufficient security 149 7 . 

Liable in Criminal Action— 

For conversion of school funds 149 6 . 

For interest in sale of books ;. 152 13. 

For perversion of funds 151 12, 



26 


4 


26 


4 


30 


14 


49 


51 


50 


52 


52 


55 


51 


54 


33 


26 


56 


64 


56 


64, 


26 


3, 


32 


22 


32 


24 


37 


32 


28 


5 


31 


19. 


28 


7 


34 


29 


55 


63 


35 


31 


29 


11 


56 


65 


56 


65 


31 


20 


30 


18 


30 


18 



Meetings- 
Concurrent 

Joint, not authorized 

Regular 

Special 

Notes signed by, liability 

Oath 

Organization 

Petition- 
Action of concurrent boards. . 

Allegations 

Defective, when 

May be amended 

Must conform to law 

Must show jurisdiction 

Omissions, court will supply. 

Poll book, return of 

Powers of 

President of 

Quorum : ... 



UNION DISTRICTS- 

Dissolved, how 

Funds of 

Funds of 



50 


51 


1 


32 


25.. 




32 


25.. 




38 


4 


13 


28 


7 


1 


32 


22.. 




49 


1.. 




50 


51 


7 


50 


52 


6 


49 


50 


2 


50 


52 


1 


49 


50 


1 


50 


52 


3 


31 


20.. 




51 


52.. 




32 


22.. 




32 


25.. 




57 


68.. 




78 


26.. 




1.S7 


9.. 





407 
Index — Concluded. 

UNIVERSITY OF ILLINOIS- Page. Sec. Note. 

Change of name 365 1 

Contracts 365 1 1 

Scholarships 365 

VACANCIES IN OFFICE- 

Of board of education 92 9 

Of county superintendent 18 8 

Ofdirector 73 7 

Of township treasurer .32 22 

Of trustee of schools 29 10 

VACCINATION- 

Children may be excluded, when .^ 78 26 6 

Rule unreasonable, when 79 26 10 

WAGES- 

Payable monthly 82 26, 

WARRANTS- 

Auditor to issue 1,34 3 

Paid by collector 134 3 

Penalty for refusal to pay 135 5 

Returned 134 4 

WOMEN- 

May be school officers 153 2 

May not vote, when 41 38 16 

May vote for school officers 165 1 

Qualifications 153 2 

Togivebond 153 3 

YEAR- 

School 122 202 



LBFe'09 



